Kenyan case law
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Boriga v Mega Pack (K) Limited (Cause 101 of 2017) [2022] KEELRC 12813 (KLR) (22 September 2022) (Judgment)
✦ The court declared the dismissal unfair, wrongful, and unlawful and awarded the claimant one month's salary in lieu of notice and compensation for unlawful dismissal.
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Makumbi v Shengli Engineering Constructions (Group) Company Limited (Appeal E052 of 2021) [2022] KEELRC 12764 (KLR) (22 September 2022) (Judgment)
✦ The court held that the Magistrates Court lacks jurisdiction to adopt the award of the Director, Occupational Safety and Health Services under WIBA and that the trial court misdirected itself.
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Were v Ministry of Lands and Physical Planning & another (Petition E001 of 2021) [2022] KEELRC 3994 (KLR) (22 September 2022) (Judgment)
✦ The court found the Petitioner is a public officer and violated his rights under the Constitution. The court granted the Petitioner a declaration and ordered the Respondents to bear the costs.
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Mulwa v Style Industries Limited (Cause 1186 of 2017) [2022] KEELRC 3964 (KLR) (22 September 2022) (Judgment)
✦ The termination was substantively and procedurally unfair, and the claimant is entitled to compensation.
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Catherine v Mogogosiek Tea Factory Co Ltd (Cause 19 of 2019) [2022] KEELRC 3988 (KLR) (22 September 2022) (Judgment)
✦ The claimant is entitled to the reliefs sought.
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Abdul t/a Red Sea Food Court v Musyoka (Miscellaneous Application E191 of 2021) [2022] KEELRC 12914 (KLR) (22 September 2022) (Ruling)
✦ The application is dismissed as filed in bad faith and to frustrate the Respondent's litigation.
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Amutavi v Kenya Electricity Transmission Company (Cause 858 of 2017) [2022] KEELRC 4876 (KLR) (22 September 2022) (Judgment)
✦ The dismissal was procedurally unfair due to the inadequate notice period of 72 hours, which was contrary to the tenets of natural justice and the Constitution's requirement of adequate time for preparation.
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Mayieka v DHL Excel Supply Chain [K] Limited (Cause 2082 of 2016) [2022] KEELRC 12918 (KLR) (22 September 2022) (Judgment)
✦ The Court found the termination to be unlawful and unfair, and ordered the Respondent to pay the Claimant service pay, pension fund contributions, and an order for a certificate of service.
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Mwanyale v Imarika Sacco (Employment and Labour Relations Claim 10 of 2019) [2022] KEELRC 3972 (KLR) (22 September 2022) (Judgment)
✦ The court found that the respondent had valid grounds to terminate the claimant's employment and that the termination process was conducted in compliance with due process.
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Kuira v Karanja & 2 others (Cause 79 of 2018) [2022] KEELRC 4158 (KLR) (22 September 2022) (Judgment)
✦ The claimant is entitled to 1 month's salary in lieu of notice, unpaid salary for December 1998, and underpayments from 1988 to January 1999.
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Kenya Union of Domestic Hotels, Educational Institutions and Hospital Workers (KUDHEIHA) v Steu Ry Memorial School (Cause E017 of 2021) [2022] KEELRC 3991 (KLR) (22 September 2022) (Judgment)
✦ The termination was unfair and the claimant is entitled to salary in lieu of notice and gratuity.
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Martineau & 3 others v Light House Property Company Limited (Cause 506 of 2017) [2022] KEELRC 13196 (KLR) (22 September 2022) (Judgment)
✦ The court held that the claimants were constructively dismissed due to the respondent's failure to pay their salaries, which amounted to a significant breach of its obligations under the contract.
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Kenya Tertiary & Schools Workers Union v Board of Management Nyakongo Boys High School (Cause E086 of 2021) [2022] KEELRC 3928 (KLR) (22 September 2022) (Ruling)
✦ The court held that the claim is statute barred and dismissed the claim.
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Local Authorities Fund Board v County Government of Kilifi & another (Employment and Labour Relations Claim 2 of 2022) [2022] KEELRC 3962 (KLR) (22 September 2022) (Ruling)
✦ The court declines to assume jurisdiction over the dispute and strikes out the claim.
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Agai v Brookside (Cause 12 of 2018) [2022] KEELRC 3960 (KLR) (21 September 2022) (Judgment)
✦ The termination of the Claimant's employment met the statutory procedural fairness threshold.
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Owiyo v Chartered Institute of Marketing Members Group Kenya & another (Cause E296 of 2021) [2022] KEELRC 3944 (KLR) (21 September 2022) (Ruling)
✦ The claim against the respondents discloses no reasonable cause of action and is frivolous, vexatious, and an abuse of the court process.
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Otieno v Coca-Cola Equator Bottlers Ltd (Cause 300 of 2018) [2022] KEELRC 14674 (KLR) (21 September 2022) (Judgment)
✦ The Court finds the Respondent complied with the statutory requirements of procedural fairness and that the Respondent had valid and fair reasons to terminate the Claimant's employment.
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Bonuke v Brookside Dairy Company (Cause 8 of 2018) [2022] KEELRC 3959 (KLR) (21 September 2022) (Judgment)
✦ The termination was procedurally fair but substantively unfair.
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Owuor v Brookside Dairy Company (Cause 9 of 2018) [2022] KEELRC 3961 (KLR) (21 September 2022) (Judgment)
✦ The termination was procedurally fair but not substantively fair.
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Oganga v Almasi Bottlers Limited (Cause E004 of 2022) [2022] KEELRC 3916 (KLR) (21 September 2022) (Ruling)
✦ The court finds for the claimant and orders the respondent to pay the claimant's advocate Kshs 15,000/- as thrown away costs.
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Mayfair Holdings Limited v Angech (Appeal E029 of 2021) [2022] KEELRC 3915 (KLR) (21 September 2022) (Judgment)
✦ The court finds the termination procedurally unfair and reduces the compensation awarded.
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Okisegere v Brookside Dairy Co Ltd (Cause 11 of 2018) [2022] KEELRC 3935 (KLR) (21 September 2022) (Judgment)
✦ The Court found the termination unfair due to lack of procedural fairness and awarded compensation.
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Maweu v Paper Converters (K) Limited (Cause 2110 of 2017) [2022] KEELRC 3932 (KLR) (21 September 2022) (Judgment)
✦ The termination of the claimant’s employment was found to be unfair.
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Malingu v Brookside Dairy Co Ltd (Cause 10 of 2018) [2022] KEELRC 3936 (KLR) (21 September 2022) (Judgment)
✦ The Court finds that the Respondent was in substantial compliance with statutory procedural fairness elements and that the reasons for termination were valid and fair. The Claimant is not entitled to compensation and pay in lieu of notice.
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Nyambega v Brookside Dairy Co Ltd (Cause 7 of 2018) [2022] KEELRC 3937 (KLR) (21 September 2022) (Judgment)
✦ The termination of the Claimant's employment was unfair.