Kenyan case law
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Shah v Vitafoam Products Limited (Employment and Labour Relations Cause 342 of 2019) [2024] KEELRC 2278 (KLR) (25 September 2024) (Judgment)
✦ The court found that the termination of the Claimant's employment was unfair and unlawful.
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Khayeli v Kenya Commercial Bank Limited (Cause 803 of 2018) [2024] KEELRC 2280 (KLR) (25 September 2024) (Judgment)
✦ The court finds that the Respondent had fair and valid reasons to terminate the Claimant's service and that the termination was done in accordance with a fair procedure.
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Kenya County Government Workers Union Bungoma County Branch v Bungoma County Public Service Board & another; Muyundi (Applicant) (Petition 1 of 2019) [2024] KEELRC 2335 (KLR) (25 September 2024) (Ruling)
✦ The application is allowed, and the report of the respondents is expunged from the court record. The respondents are ordered to fully comply with the judgment of the court.
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Obonyo & 50 others v Kenya Engineering Workers Union (Miscellaneous Application 132 of 2018) [2024] KEELRC 2285 (KLR) (25 September 2024) (Ruling)
✦ The application is dismissed with costs to the respondent, and the applicant is ordered to pay the costs due to the respondent.
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Luseno v China Communicaion & Contruction Company Limited (Miscellaneous Application E135 of 2023) [2024] KEELRC 2326 (KLR) (25 September 2024) (Ruling)
✦ The court adopts the DOSH assessment and enters judgment for the outstanding balance of Kshs 1,162,270/=
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Sirere & 6 others v Nesco Services Ltd (Employment and Labour Relations Cause 75 of 2016) [2024] KEELRC 2323 (KLR) (24 September 2024) (Judgment)
✦ The Court finds the Respondent's contention that the claim should be struck out is without merit and the employment contracts were not unfairly terminated.
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Republic v The County Secretary, Nyamira County & 2 others; Osumo & 3 others (Exparte) (Judicial Review E009 of 2024) [2024] KEELRC 2270 (KLR) (24 September 2024) (Ruling)
✦ The Court finds the motion merited and suspends the same for a period of 30 days, with the County of Nyamira required to settle the decretal sum on or before October 24, 2024, or face liability as set out in the motion.
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Kakuthu v Career Directions Limtied & another (Cause 68 of 2018) [2024] KEELRC 2311 (KLR) (24 September 2024) (Ruling)
✦ The suit is reinstated with a further period of seven months for prosecution and all proceedings outside the six-month period are deemed to have been taken within time.
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Lukati & 3 others v Kenya Meat Commission (Cause 1360 of 2016) [2024] KEELRC 2401 (KLR) (24 September 2024) (Judgment)
✦ The Court held that the dismissal was procedurally unfair and that the Respondent did not provide substantive justifications for the dismissal.
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Motrex Limited v Koech (Miscellaneous Cause E018 of 2024) [2024] KEELRC 2333 (KLR) (24 September 2024) (Ruling)
✦ The application is granted, and the applicant is granted leave to appeal on condition that the judgment sum is deposited within 21 days of this ruling, and a memorandum of appeal and record of appeal are filed within 30 days of this ruling.
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Mini Bakeries [Mombasa] Limited v Mose (Appeal E147 of 2023) [2024] KEELRC 2325 (KLR) (24 September 2024) (Judgment)
✦ The appeal is partly successful, and the Respondent is awarded compensation for unfair termination of employment in the amount of Kshs. 249,626.
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Mbugua v Multimedia University of Kenya (Employment and Labour Relations Cause 542 of 2015) [2024] KEELRC 2272 (KLR) (24 September 2024) (Judgment)
✦ The Court found that the Respondent violated the Claimant’s constitutional rights and ordered the Respondent to pay special damages and other relief as per the Claimant's pleadings.
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Muthoga v Metro Logistics Limited (Employment and Labour Relations Cause 1235 of 2018) [2024] KEELRC 2273 (KLR) (24 September 2024) (Judgment)
✦ The summary dismissal of the Claimant was procedurally unfair
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Havyarimana v Permanent Secretariat of the Transit and Transport Co-ordination Authrotiy of the Northern Corridor & another (Cause 922 of 2016) [2024] KEELRC 2327 (KLR) (24 September 2024) (Ruling)
✦ Interest on the award of compensation shall be calculated at Court rates from the date of the court's decree until payment of the said sum in full.
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Odhiambo v Teachers Service Commission (Cause E030 of 2023) [2024] KEELRC 2275 (KLR) (23 September 2024) (Ruling)
✦ The objection to the witness's testimony is upheld, and the Claimant is ordered to refer to specific documents in his memo of claim or defence.
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Ochola v Devine Homes Resort Limited (Cause E022 of 2023) [2024] KEELRC 2247 (KLR) (23 September 2024) (Judgment)
✦ The Claimant resigned from the service of the Respondent and is not entitled to pay in lieu of notice, unpaid salary for 16 days worked in April 2023, or compensation. The Claimant's claim for a certificate of service is granted.
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Republic v Migori County Assembly Service Board; Ogutu (Exparte Applicant) (Judicial Review E046 of 2023) [2024] KEELRC 2259 (KLR) (23 September 2024) (Judgment)
✦ The court finds that the court has jurisdiction to hear the suit and that the Ex-parte Applicant is not entitled to the orders sought.
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Amayo v Premier Credit Ltd (Cause E037 of 2023) [2024] KEELRC 2269 (KLR) (23 September 2024) (Judgment)
✦ The Claimant's termination was fair, and the prayers for compensation and award of aggravated damages are rendered moot.
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Republic v Administration & another; Onyango (Ex parte); Commission of Administrative Justice (Interested Party) (Judicial Review E004 of 2024) [2024] KEELRC 2250 (KLR) (23 September 2024) (Judgment)
✦ The court finds that the Respondents were authorized to issue the interdiction letter and to discipline the Applicant.
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Omao v Gusii Water and Sanitation Co. Ltd & 9 others; Wachira (Interested Party) (Petition E001 of 2022) [2024] KEELRC 2258 (KLR) (23 September 2024) (Ruling)
✦ The Court dismisses the Petitioner's petition with no orders on costs.
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Okudho v SS Mehta & Sons Limited (Cause E055 of 2023) [2024] KEELRC 2330 (KLR) (23 September 2024) (Ruling)
✦ The court ordered the Claimant to file a duly paginated and bond copy of the documents that the previous judge allowed, and to pay costs and adjournment costs.
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Salim v Co-operative Bank of Kenya Limited & 2 others (Environment & Land Case 193 of 2021) [2024] KEELRC 2291 (KLR) (23 September 2024) (Ruling)
✦ The application was dismissed with costs to the plaintiff.
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Njoroge v Local Authorities Provident Fund (LAPFUND) & another (Employment and Labour Relations Petition E053 of 2024) [2024] KEELRC 2266 (KLR) (20 September 2024) (Ruling)
✦ The court granted the conservatory orders sought by the Petitioner/Applicant.
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Mugambi v Kenya Pipeline Company Limited (Employment and Labour Relations Cause E296 of 2022) [2024] KEELRC 2260 (KLR) (20 September 2024) (Judgment)
✦ The court finds the Claimant's termination due to attaining the retirement age was unfair and awards 4 months' salary, punitive damages, and costs.
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Masaba v Board of Management, Eshibanze Muslim Secondary School & another (Employment and Labour Relations Cause E020 of 2023) [2024] KEELRC 2232 (KLR) (20 September 2024) (Judgment)
✦ The claimant's dismissal was valid, and he is not entitled to reinstatement, compensation, or costs.