Kenyan case law
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Joel Kiprono Rop v County Secretary – County Government of Bomet, County Public Service Board-Bomet County & County Government of Bomet (Petition 71 of 2018) [2020] KEELRC 1431 (KLR) (9 March 2020) (Judgment)
✦ The petition succeeds and the recruitment, selection and appointment process are declared unlawful and in violation of the Public Service Board Human Resource Manual.
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Dennis Kipkirui Maritim v Principals Secretary State Department for Correction Services & 4 others [2020] KEELRC 1455 (KLR)
✦ The leave granted to apply for orders of certiorari, prohibition and mandamus shall operate as a stay of the dismissal pending the hearing and determination of the suit.
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Linus M. Mobegi & 22 others v Devki Steel Mills Limited [2020] KEELRC 1289 (KLR)
✦ The Court finds for the Claimants and awards them 10 months' salary for unlawful redundancy, 1 month salary in lieu of notice, and severance pay as per the Collective Bargaining Agreement.
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James Mwangi v Marula Power Post Plant Ltd [2020] KEELRC 1388 (KLR)
✦ The Court finds that the termination of the Claimant's employment was unfair and that the Respondent was in breach of contract.
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Patroba Ojwang Obondi & another v Receivers of KSC International Limited (Under Receivership) [2020] KEELRC 1362 (KLR)
✦ The court held that the claimants failed to show that they gave a valid one-month termination notice.
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Andia Laura Chakava v Alpha Africa Asset Managers Limited [2020] KEELRC 1389 (KLR)
✦ The court found that the employer failed to prove that the reason for terminating the claimant's contract of service was valid and fair.
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Pauline Wangeci Warui v Safaricom Limited [2020] KEELRC 1497 (KLR)
✦ The termination was unfair as it did not follow the required procedures and the claimant was not given an opportunity to respond.
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Ephantus Wambua Macharia v Presbyterian Church of East Africa & another [2020] KEELRC 1439 (KLR)
✦ The Court finds and holds that the termination of the Claimant's employment was unfair and awards him pay in lieu of notice and compensation.
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Ochieng Lucas Onudi & another v Cortec Systems An Solutions Limited [2020] KEELRC 1493 (KLR)
✦ The Court found in favor of the Claimants on the payment of separation dues and other benefits, but dismissed the Respondent's claim.
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Alex Makau & 343 others v St Mary’s Mission Hospital Limited & another [2020] KEELRC 1413 (KLR)
✦ The court finds that the employees were unfairly terminated due to the violent takeover and disobedience of court orders.
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Duran Ligaga Amuyunzu v Mater Hospital [2020] KEELRC 1412 (KLR)
✦ The court found that the dismissal was not fair and ordered the respondent to pay damages for wrongful termination.
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Okiya Omtatah Okoiti v The Board, Kenya Pipeline Company Limited & 2 others ; John Ngumi (Chairman) & 10 others (Interested Parties) [2020] KEELRC 1464 (KLR)
✦ The court finds no proof of violation of Article 232(1)(h) regarding the tribal composition of the KPC Board. The interview process was found to be in compliance with the law.
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Ann Kisese Musau & 12 others v Lawrence Gelmon & 6 others [2020] KEELRC 1515 (KLR)
✦ The 3rd Respondent's claim is not struck out. There is no employment relationship between the Claimants and the 3rd Respondent. The Claimants' employment relationship was with the 4th Respondent. The claim against the 6th Respondent is time barred.
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Benjamin Mwea Mwanthi v East Africa Spectre Limited [2020] KEELRC 1504 (KLR)
✦ The court finds that the claimant's failure to attend the hearing was due to a genuine mistake and allows the application to reopen the defence case and recall the respondent's witness for cross-examination.
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Augustine Opondo Oyenga v Salama Fikira Group Ltd [2020] KEELRC 1509 (KLR)
✦ The claimant's dismissal was unfair due to lack of notice and hearing, but the claimant's contribution in mitigating the allegations disentitles him from compensation. The claimant is entitled to payment of Kshs.70,000 for leave days and a proper certificate of service.
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Emily Wawira Njogu v Benchmark Distributors Limited (Cause 39 of 2015) [2020] KEELRC 1436 (KLR) (Employment and Labour) (6 March 2020) (Judgment)
✦ The dismissal is reduced to a normal termination, and the Respondent will pay one month's salary in lieu of notice.
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National Hospital Insurance Fund (NHIF) v Kenya Union of Commercial Food and Allied Workers (KUCFAW) [2020] KEELRC 1456 (KLR)
✦ The Court upholds the recommendations of the Salaries and Remuneration Commission (SRC) regarding the increment for unionisable staff and the average annual increment for the period from 1 July 2017 to 30 June 2021.
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Mohamed Bagajo & another v Registrar of Trade Unions [2020] KEELRC 1371 (KLR)
✦ The Court finds no merit in the Appeal and orders it dismissed with no order on costs.
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Kenya Hotels & Allied Workers Union v Nairobi Safari Club [2020] KEELRC 1370 (KLR)
✦ The reinstatement order collapsed due to the respondent's refusal to give the opportunity for reinstatement. The only available order for execution is the alternative award for payment of terminal dues.
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Bernard Kisilu Kioko v Ramboo Colourcane Limited [2020] KEELRC 1483 (KLR)
✦ Claimant failed to prove his employment was unfairly terminated, and is not entitled to pay in lieu of notice or compensation. Claimant is entitled to underpayments, leave pay, and pay in lieu of annual leave.
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Kenya Plantation & Agricultural Workers Union v Penta Tancom Ltd t/a Penta Flowers [2020] KEELRC 1507 (KLR)
✦ The dismissal was not unfair or unlawful, and the claimant's suit is dismissed with costs.
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Alphonce Nzioki Mulwa v Japa Protection Systems Ltd [2020] KEELRC 1346 (KLR)
✦ The dismissal was unfair and the claimant is entitled to compensation, pay in lieu of notice, prorate leave pay, and underpayment.
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Alex Khanga Nyapolo v Attorney General for Ministry of Finance & another [2020] KEELRC 1500 (KLR)
✦ Dismissal was regular and within the provisions of both the repealed Employment Act and the Code of Regulations applicable at the time.
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David Karimi v Board of Trustees National Social Security Fund [2020] KEELRC 1437 (KLR)
✦ The termination was not valid and fair, and the claimant is entitled to damages and other reliefs.
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Isaya Mukuria Kagumu v Board of Management Dagoretti High School [2020] KEELRC 1516 (KLR)
✦ The Claimant's Memorandum of Claim is dismissed with no order on costs.