Kenyan case law
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Beru v Music Copyright Society of Kenya Limited (Cause E162 of 2021) [2023] KEELRC 2337 (KLR) (5 October 2023) (Judgment)
✦ The Claimant's claim of constructive dismissal is dismissed as the Respondent's conduct did not render the work environment intolerable. The claims for compensation and notice pay are also dismissed.
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Muga & 2 others v Sinohydro Corporation Ltd (Cause 49 of 2019) [2023] KEELRC 2353 (KLR) (5 October 2023) (Judgment)
✦ The Claimants' claim is statute barred and is for striking out.
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Kaleli v Kingdom Bank (Cause 1621 of 2017) [2023] KEELRC 2588 (KLR) (5 October 2023) (Judgment)
✦ The Court found that the reasons for termination were not valid and that the Respondent did not comply with fair procedure.
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Nyaoro v Cold Solutions Kiambu Sez Limited (Cause E224 of 2023) [2023] KEELRC 2333 (KLR) (5 October 2023) (Ruling)
✦ The Respondent's application for consolidation is declined.
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Njuguna v Principal Secretary Ministry of Lands, Housing & Urban Development & another (Cause 1276 of 2014) [2023] KEELRC 2571 (KLR) (5 October 2023) (Judgment)
✦ The Court found that the Special Audit Report was not doctored and that the Respondent had valid reasons to terminate the employment contract. The Respondent complied with fair procedure and the Claimant is not entitled to the remedies sought.
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Amalgameted Union of Kenya Metal Workers v Pelican Signs Limited (Cause 317 of 2019) [2023] KEELRC 2568 (KLR) (5 October 2023) (Judgment)
✦ Judgment is entered for the Claimant on behalf of the Grievants in the total sum of Ksh. 11,107,652.87.
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Nyakiri v Moi University (Cause 11 of 2020) [2023] KEELRC 2577 (KLR) (5 October 2023) (Judgment)
✦ The court found that the reasons given for the termination were not valid and fair, and thus the termination was unlawful.
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Fadhil v Diamond Trust Bank [K] Ltd (Cause 489 of 2018) [2023] KEELRC 2405 (KLR) (5 October 2023) (Ruling)
✦ The appeal is allowed, and a stay of execution is granted pending the hearing and determination of the appeal.
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Sitienei v Sirgoi Holdings Ltd & another (Cause 26 of 2019) [2023] KEELRC 2369 (KLR) (5 October 2023) (Judgment)
✦ The termination was found to be unfair, unlawful, and procedurally deficient.
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Kirinyaga University UASU Chapter v Kirinyaga University & another (Petition E031 of 2023) [2023] KEELRC 2358 (KLR) (5 October 2023) (Ruling)
✦ The Petitioner has a prima facie case and the court is convinced that the Petitioner will suffer irreparable harm if the interim injunction is not granted.
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Katumbe v Sapna Bhandary t/a Chowpaty Fast Foods (Cause 1439 of 2017) [2023] KEELRC 2712 (KLR) (5 October 2023) (Judgment)
✦ The court found that the Claimant was summarily dismissed without notice, and thus the termination was unfair.
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Unilever Tea Kenya Ltd v Baruku & 24 others (Appeal E001 of 2023) [2023] KEELRC 2370 (KLR) (5 October 2023) (Ruling)
✦ The court grants leave to file the appeal out of time and stays proceedings in the lower court.
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Matheka v Nyaga & another (Constitutional Petition E015 of 2022) [2023] KEELRC 2458 (KLR) (5 October 2023) (Ruling)
✦ The application is dismissed and the decree Order Nisi discharged. Each party to bear their own costs of the application.
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Kibiku v Oracle Technology Systems (Kenya) Limited (Employment and Labour Relations Petition 34 of 2020) [2023] KEELRC 2718 (KLR) (5 October 2023) (Judgment)
✦ The court finds that the petition does not meet the legal threshold of a properly crafted and presented constitutional petition and dismisses the petition.
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Mwaura v Safaricom PLC (Cause E496 of 2021) [2023] KEELRC 2392 (KLR) (5 October 2023) (Ruling)
✦ The witness statement by Cyrus Wanjohi dated January 27, 2021 is struck out. The court declines to strike out the claimant's further list of documents. The court declines to consolidate this action with ELRC Cause No. E012 of 2022.
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Kutto v County Government of Uasin Gishu & another (Cause 46 of 2020) [2023] KEELRC 2580 (KLR) (5 October 2023) (Judgment)
✦ The court finds that the prolonged period for non-communication on the outcome of the disciplinary hearing was justifiable due to the global disruption caused by the Coronavirus pandemic. The court also finds that the forfeiture of the Claimant's salary was justifiable as she was found culpable of negligence and punished with a final warning.
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Kashero v Five Forty Aviation Limited (Cause 2097 of 2017) [2023] KEELRC 2368 (KLR) (5 October 2023) (Judgment)
✦ The Court held that the termination of the Claimant's employment was substantively unfair.
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Nyambu v China City Ltd (Cause 896 of 2017) [2023] KEELRC 2420 (KLR) (5 October 2023) (Ruling)
✦ The dismissal order is set aside, and the claimant's suit is reinstated. The suit shall be prosecuted within 90 days from the date of this ruling, otherwise it shall stand dismissed.
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Mbogo v Board of Management Gatero Girls Secondary School (Cause 09 of 2015) [2023] KEELRC 2385 (KLR) (5 October 2023) (Judgment)
✦ The court finds that the claimant's suspension and subsequent dismissal were wrongful, unfair, and unlawful.
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Kimani v National Gender and Equality Commission (Cause 1948 of 2014) [2023] KEELRC 2569 (KLR) (5 October 2023) (Judgment)
✦ The Court found that the termination was not valid due to the alteration of the tender evaluation report and the Respondent's failure to comply with the Public Procurement and Disposal Regulations.
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Mbugua & another v Kobia & 5 others (Judicial Review Miscellaneous Application E003 of 2023) [2023] KEELRC 2336 (KLR) (5 October 2023) (Ruling)
✦ The NCIC commissioners are found guilty of contempt and are committed to prison for a term not exceeding 6 months.
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Mwambire v Malindi Water & Sewerage Co Ltd & 3 others (Petition E002 of 2023) [2023] KEELRC 2430 (KLR) (5 October 2023) (Ruling)
✦ The court granted an injunction to prevent the respondent from terminating Mwambire's employment contract
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Union of National Research and Allied Institutes Staff of Kenya (UNRISK) v Kenya Agricultural and Livestock Research Organisation (KALRO) (Cause E648 of 2020) [2023] KEELRC 2459 (KLR) (5 October 2023) (Ruling)
✦ The claims for overtime from 13/12/2013 to 31/12/2016 are time barred.
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Chomba v Kenya Methodist University (Cause 445 of 2017) [2023] KEELRC 2404 (KLR) (5 October 2023) (Ruling)
✦ The dismissal order is set aside, and the suit is revived with the deceased's personal representative substituted as the applicant.
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Nadite & 19 others v National Police Service Commission (Petition 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29 & 36 of 2018 (Consolidated)) [2023] KEELRC 2366 (KLR) (4 October 2023) (Ruling)
✦ The motion is dismissed with costs.