Kenyan case law
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Mutinda v Lady Lori (Kenya) Limited (Cause 1104 of 2016) [2020] KEELRC 1944 (KLR) (6 March 2020) (Judgment)
✦ The court awards the Claimant the undisputed sum of US$4500 being the outstanding balance of his salary for December 2015. The court also awards the Claimant the accrued leave days, gratuity pay, and house allowance as per the Employment Act, 2007.
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Martin Kabanga Gathatwa v Associated Battery Manufacturers (EA) Limited [2020] KEELRC 1387 (KLR)
✦ The Court finds that the claimant voluntarily resigned and that the termination was not constructive or unfair. The Court also finds that the claimant failed to prove discrimination on account of tribe.
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Kenya Tertiary and Schools Workers’ Union (KETASWU) v Heltz Institute of Advanced Driving [2020] KEELRC 1419 (KLR)
✦ The claimant is the appropriate union to represent the respondent's employees. There is no evidence of a rival union claiming to represent the recruited members. The respondent has not raised any objection on these issues.
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James Musyoka Muindi v Kenya Ports Authority [2020] KEELRC 1495 (KLR)
✦ The claimant's application to review the judgment is dismissed with costs.
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Samuel Mula Mbindu v Steel Makers Limited [2020] KEELRC 1385 (KLR)
✦ The Appellant failed to prove he was injured at work on 3rd July 2014.
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Kenya Union of Commercial Food & Allied Workers v Isiolo Teachers Sacco Society Limited [2020] KEELRC 1364 (KLR)
✦ The Court dismissed the appeal, finding that the termination was procedural and that the employees were not members of the Respondent.
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Edison Tulia Kisenge v Kirindo Tea Traders Ltd [2020] KEELRC 1438 (KLR)
✦ The Claimant is entitled to six months' salary in compensation, one month's salary in lieu of notice, service pay for 5 years, leave pay for 5 years, and prorata leave for 2016.
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Salim Nassoro Mwariwa & 3 others v Hakika Transport Services Limited [2020] KEELRC 1468 (KLR)
✦ Stay of execution granted pending appeal
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Wilson Wagathiru Mwitumi v Rafiki Microfinance Bank & another [2020] KEELRC 1465 (KLR)
✦ The Preliminary Objection is dismissed with costs to the Claimant.
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Nicholas Kiprotich Ronoh v Taita Taveta University & another [2020] KEELRC 1484 (KLR)
✦ The 2nd Respondent is a necessary party in the proceedings
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Agapetus Nyongesa Masinde v Board of Management, Bungoma High School [2020] KEELRC 1505 (KLR)
✦ Application dismissed with costs.
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Constantine Kaneke Cheronye v H. Young Company (EA) Limited [2020] KEELRC 1354 (KLR)
✦ The motion to set aside the court orders dismissing the suit for non-attendance is dismissed with costs to the Respondent
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Peter Kataka v Attorney General [2020] KEELRC 1482 (KLR)
✦ The preliminary objection is dismissed with costs.
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Mohamed Ali Liwassa v Randa Coach Limited [2020] KEELRC 1424 (KLR)
✦ The existence of an employment relationship between the Claimant and the Respondent has not been established.
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Joshua O. Ogalo v Kenya National Union of Teachaers (KNUT) & another [2020] KEELRC 1513 (KLR)
✦ The application is dismissed with costs to the applicant
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Monicah Wanjiru Mwangi v Trans Mattresses Limited [2020] KEELRC 1372 (KLR)
✦ The application is dismissed for lack of merit.
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Amina Ali Masha v Happy Cow Dairy Limited [2020] KEELRC 1523 (KLR)
✦ The Court finds that the Respondent had a valid reason for bringing the Claimant’s employment to an end and dismisses the claims for compensation and notice pay.
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Osiko v Isiolo Teachers Sacco Society Limited (Cause 20 of 2018) [2020] KEELRC 1946 (KLR) (4 March 2020) (Ruling)
✦ The application to set aside the dismissal order is dismissed with no order as to costs.
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Charles Simba v National Cereals and Produce Board & another [2020] KEELRC 1453 (KLR)
✦ The appeal is transferred back to the High Court where it was initially filed.
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Loise Muthoni Gathenya v Director, Tharaka Nithi Public Service Board, Tharaka Nithi Public Service Board & County Government of Tharaka Nithi [2020] KEELRC 1353 (KLR)
✦ The application is dismissed as premature. The redeployment is upheld.
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Alfred Kiprono Kirui v James Finlay (K) Limited [2020] KEELRC 1478 (KLR)
✦ The court lacks jurisdiction to entertain the claim and the jurisdiction lies with the Director of Occupational Safety and Health Service under the Work Injury Benefits Act.
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Anthony Muthumbu Wachira v Kenya Airports Authority [2020] KEELRC 1531 (KLR)
✦ The dismissal of the Claimant was procedurally fair but not for valid and fair reasons.
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Banking, Insurance & Finance Union (Kenya) v Patnas Sacco Society Limited [2020] KEELRC 1390 (KLR)
✦ The court finds no contempt and allocates timelines for both parties to negotiate the CBA.
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Anthony Korir v Imarisha Sacco Society Limited [2020] KEELRC 1411 (KLR)
✦ The dismissal of the claimant was justified as there were valid and genuine grounds leading to termination of employment. The court finds there were no grounds for reinstatement or alternative remedies.
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Boniface Mutua Kitungu v Peter Mwaura Kamau t/a Mwaura Kamau & Co. Advocates [2020] KEELRC 1492 (KLR)
✦ The Memorandum of Appeal is dismissed with costs of Kshs 2,000/- to the Respondent.