Kenyan case law
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Barrack Omachi v Chandaria Industries Limited [2016] KEELRC 1233 (KLR)
✦ The court finds the evidence of the Respondent witnesses credible, and the Claimant's confession was not forced. The court dismisses the claims of breach of contract, unlawful dismissal, and refusal to pay salary and other dues.
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Joseph Patrick Mukiri & 5 others v County Government Of Nakuru [2016] KEELRC 1481 (KLR)
✦ The preliminary objection is overruled and dismissed with costs to the Claimants
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Mutua Musau v Barclays Bank of Kenya Limited [2016] KEELRC 1245 (KLR)
✦ The termination was unfair and unjustified
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Samuel Daniel Wafula v Kenyatta University [2016] KEELRC 1238 (KLR)
✦ The claim is not time barred, the summary dismissal was lawful, and the remedies sought are due.
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John Wanjala Wanyama v Wanandege Co-operative Savings & Credit Society Ltd [2016] KEELRC 1248 (KLR)
✦ The court dismissed the preliminary objection and allowed the application.
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Kenya National Union of Nurses v Council of Governors, Siaya County Public Service Board & 6 others [2016] KEELRC 1251 (KLR)
✦ The Court finds in favor of the Union and issues orders that the 1st Respondent ensures the resolutions regarding the absorption of ESP staff are implemented by all its member Counties, and the 2nd and 4th Respondents confirm all ESP staff serving under contract into permanent and pensionable terms of employment with effect from 11 February 2015.
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Edward Rukwaro v CIC Insurance Group Limited [2016] KEELRC 1212 (KLR)
✦ The application is dismissed as there are no justifiable reasons to grant the orders sought.
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Kiama Wangai v Egerton University [2016] KEELRC 1489 (KLR)
✦ The Court will not intervene in the disciplinary process unless the Respondent fails to meet the statutory and contractual protections
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Erick Chuma Zaka v Rakal Limited [2016] KEELRC 445 (KLR)
✦ Termination was unfair and the Respondent is ordered to pay compensation for unfair termination and arrears of house rent allowance.
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Paul Dedan Ochieng & 2 others v Harambee Co-operative Savings & Credit Society [2016] KEELRC 446 (KLR)
✦ The court finds it cannot determine when the applicants' cause of action accrued and orders them to be at liberty to file their claims.
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Kenya Union Of Medical Proffesionals And Allied Staff (Kumpas) Represented By Its Promoters (Seth Panyako & 7 Others) v Registrar Of Trade Unions & another [2016] KEELRC 1511 (KLR)
✦ The Registrar's decision was sound in law and fair in the circumstances of the case
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Banking, Insurance & Finance Union (Kenya) v Maisha Bora Sacco Society Limited [2016] KEELRC 1191 (KLR)
✦ The Court found that the Banking, Insurance & Finance Union (Kenya) is the right Union to represent employees in the banking, insurance, financial institutions sector. The simple majority of all unionisable employees in the employment of the Respondent was satisfied, warranting Recognition of the Claimant by the Respondent.
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Kenya Union of Commercial Food and Allied Workers v Sanpac Africa Limited [2016] KEELRC 1505 (KLR)
✦ The court finds that the termination was wrongful and unfair, and awards six months' salary compensation and terminal benefits to the employees.
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Joyce Zawadi v Maheshchandra K. Shah [2016] KEELRC 1524 (KLR)
✦ The Court finds the termination was unfair and unlawful, and orders the Respondent to pay notice pay and the amount offered by the Respondent.
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Antony Mutia Mwandika v Kenya Civil Aviation Authority & another [2016] KEELRC 1523 (KLR)
✦ The motion for an injunction is dismissed. The claimant is not entitled to reinstatement but may be compensated for the wrongful termination.
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James Mbalika Kyuvi v Mahesh Shah & another [2016] KEELRC 1531 (KLR)
✦ The Court finds the termination of employment to be wrongful and unlawful, and orders compensation for one month's pay in lieu of notice, underpayment for 10 months, and 3 months salary as compensation for unfair dismissal.
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Airort Branch of Transport Workers Union Kenya & another v Transport Workers Union Kenya & 2 others [2016] KEELRC 1535 (KLR)
✦ National elections scheduled for 19th March, 2016 shall proceed as planned. The 2nd claimant and other delegates eligible to attend and participate in the Unions National elections shall so attend and participate. The 1st respondent through its Executive Board do resolve the issue of who qualifies to be members of its Airport Branch within 30 days of this order. The Branch elections for the Union's Airport Branch be conducted within 30 days after resolution of the dispute over who the bona fide members of the union's Airport Branch are.
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Kudheiha Workers v Kenya Railways Golf Club [2016] KEELRC 1373 (KLR)
✦ Award is set aside, parties are heard afresh in Nairobi, application for adoption of terminal dues is spent
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National Hospital Insurance Fund, Management Board v Kenya Union of Commercial, Food and Allied Workers & 2 others [2016] KEELRC 388 (KLR)
✦ The Court declares that the Petitioner does not fall under the mandate of the Salaries and Remuneration Commission and that the Salaries and Remuneration Commission Act and regulations are inconsistent with the Constitution.
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Elias Benedict Mahaga v Northern Nomadic Disabled Persons Organisation [2016] KEELRC 1226 (KLR)
✦ The Court found the Respondent's termination of the Claimant to be unfair and ordered the Respondent to pay notice pay, compensation for the unexpired term of the contract, and costs of the suit.
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Patrick Omutia v Telkom Kenya Limited [2016] KEELRC 1507 (KLR)
✦ The court held that the Claimant was constructively dismissed and thus entitled to early retirement and the attendant package.
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Rashid Ali Faki v A.O. Said Transporters [2016] KEELRC 1503 (KLR)
✦ The Appeal is allowed, on the ground that both Parties were negligent. Liability is apportioned at 60% on the Appellant and 40% on the Respondent. General damages are assessed at Kshs. 240,000 and special damages at Kshs. 2,000.
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Bakery Confectionery Food Manufacturing & Allied Workers Union (K) v Spin Knit Dairy Limited & another [2016] KEELRC 1512 (KLR)
✦ The 2nd Respondent acquired the 1st Respondent's business and assets, not merging with it. The decision to declare employees redundant was lawful and compliant with the Employment Act and Collective Agreement.
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James Wambua Mukosi v Postal Corporation of Kenya (Cause 1542 of 2010) [2016] KEELRC 1494 (KLR) (Employment and Labour) (18 March 2016) (Ruling)
✦ The application is dismissed with no order as to costs due to inordinate delay and misconstruction of the judgement.
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Kenya Electrical Trade and Allied Workers Union v Kenya Power and Lighting Company Ltd [2016] KEELRC 1500 (KLR)
✦ The application is res judicata and dismissed with costs.