Kenyan case law
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Kenya Union of Commercial Food and Allied Workers v Jamii Distributors E.A Limited [2021] KEELRC 2345 (KLR)
✦ The court will not issue the orders sought but will order the matter to be resubmitted to the County Labour Office for conciliation to establish the prevailing situation prior to the decision to outsource and how the affected employees were handled.
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Moses Kiprop Meli v Riley Falcon Security Services Ltd [2021] KEELRC 2344 (KLR)
✦ The termination was found unfair due to lack of a fair procedure.
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Kenya Engineering Workers Union v East African Foundry Works Limited [2021] KEELRC 1565 (KLR)
✦ The Court orders the Respondent to sign the CBA as agreed upon in their meeting of September 4, 2019, with an effective date of August 1, 2019, for a period of two years.
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Daniel Njuguna Chege & 4 others v Tusker Mattresses [2021] KEELRC 1589 (KLR)
✦ The Respondent's application is declined
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Michael Ouma Odero on his own behalf and on behalf of 506 others v Public Service Commission & 2 others [2021] KEELRC 1609 (KLR)
✦ The Court dismissed the 3rd respondent's notice of preliminary objection and allowed the claim.
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Nyandiko v Director, Samba Mat Limited (Cause 1082 of 2018) [2021] KEELRC 1618 (KLR) (10 June 2021) (Judgment)
✦ Court finds claimant owed Kshs 775,117 for arrears, underpayments, and unpaid leave days, with interest and costs.
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Rajab Barasa & 4 others v Kenya Meat Commission [2021] KEELRC 1439 (KLR)
✦ The court held that the non-renewal of the employment contracts for periods shorter than three years was not unfair labor practice, unlawful, and invalid.
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David Wamwiri v Bata Shoe Company (K) Ltd [2021] KEELRC 1418 (KLR)
✦ Application is dismissed without merit
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Bertha Awuor Kowido v Speed Capital Limited [2021] KEELRC 1432 (KLR)
✦ Application allowed, respondent to pay the decretal sum in installments
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Miriam Mumbi Ngina v Brandworld Communications Limited [2021] KEELRC 1616 (KLR)
✦ Judgment on admission for the sum of Kshs. 277,524 is entered in favor of the applicant, with the rest of the claim to be determined on merits upon trial.
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Paul Kihara Gakuru v Gath Consulting Engineers [2021] KEELRC 1434 (KLR)
✦ The court dismissed the claimant's application to reinstate the suit and heard it on merit, finding that the suit was already dismissed and that the claimant's new advocates were not properly appointed.
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Jamal Omondi Fredrick v Arena Limited; Sealink Holdings Limited (Objector) [2021] KEELRC 1442 (KLR)
✦ Application is dismissed. Execution of the decree shall proceed. Objector shall pay costs.
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Ernest Moturi Ogwora v National Cereals & Produce Board & another [2021] KEELRC 1407 (KLR)
✦ The court finds that the petitioner was not discriminated against and that the remedies sought should not issue.
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Samuel Bundi Mokora v Musa Chebiringet [2021] KEELRC 1601 (KLR)
✦ The application is dismissed as without merit, and the costs are awarded to the Respondent.
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Kevina Akinyi Wepukhulu v Kenya Power and Lighting Company Limited [2021] KEELRC 1622 (KLR)
✦ The suit survived the claimant's demise, and the legal representative can pursue the claim against the Respondent.
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Austin Oduor Odira v Kenya Sweets Limited & another [2021] KEELRC 1496 (KLR)
✦ The Employment and Labour Relations Court does not have jurisdiction to transfer the case and hear the appeal for enforcement of the Director's award. The court cannot address matters beyond the Director's award, and the applicant's claims go beyond the scope of the Director's decision.
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Kennedy Nyamwaya Bundi v Instra Products (EPZ) Limited [2021] KEELRC 1404 (KLR)
✦ The termination was justified as gross misconduct, and the remedies are not applicable.
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Livingstone Aura Ambunya v Trident Plumbers Limited [2021] KEELRC 1621 (KLR)
✦ Claimant's claims for gratuity, overtime, and house allowance are dismissed for lack of proof. Claimant is awarded Kshs. 30,000 for untaken prorata leave days.
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Chrstopher Imboti v Josan Security Services [2021] KEELRC 1394 (KLR)
✦ Claimant's case is dismissed due to insufficient particulars in pleadings and failure to file work records.
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Kenya Medical Practitioners, Pharmacists and Dentists Union v Director, Human Resource, Kenyatta National Hospital & another; Alexander Kaugiria Thuranira & 65 others (Interested Parties) [2021] KEELRC 2311 (KLR)
✦ The Court grants an injunction against the Respondents to prevent them from listing for interview or appointment and to allow the Interested Parties to continue working under their current terms of engagement.
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Clement Martineau & 3 others v Lighthouse Property Co. Limited [2021] KEELRC 1352 (KLR)
✦ The Respondent/Applicant's motion is dismissed with costs.
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Moses Gitimu Mureithi v Board of Management Kenya Hospital Association t/a Nairobi Hospital [2021] KEELRC 1368 (KLR)
✦ The court stays the proceedings in other related cases pending the resolution of the current case.
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Michael Munga Mahia v Kenya Universities & Colleges Central Placement Services [2021] KEELRC 1359 (KLR)
✦ The motion is dismissed with costs to the Respondent.
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Caroline Njeri Ngugi & another v Board of Management Kenya Hospital Association t/a Nairobi Hospital [2021] KEELRC 1333 (KLR)
✦ The Court dismisses the motions with costs, holding that the balance of convenience tilts against granting reinstatement at this stage.
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Kizito Opiyo Obura v Reliance Protection Service Limited [2021] KEELRC 1597 (KLR)
✦ The Court finds the claimant's employment was unlawfully and unfairly terminated and awards compensation equivalent to six months' salary.