Kenyan case law
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Kerubo v Omega Risk Management Ltd (Employment and Labour Relations Cause 122 of 2018) [2023] KEELRC 2318 (KLR) (3 October 2023) (Judgment)
✦ The dismissal was unfair as the claimant was not given a fair hearing and the reason for dismissal was not valid.
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Kenya Hotels & Allied Workers Union v Jacaranda Hotel (Cause 1534 of 2018) [2023] KEELRC 2497 (KLR) (3 October 2023) (Ruling)
✦ The suit is dismissed for want of prosecution
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Njoroge v Equity Bank Limited (Cause 1965 of 2017) [2023] KEELRC 2410 (KLR) (3 October 2023) (Judgment)
✦ The dismissal was lawful and the claimant is not entitled to the relief sought.
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Mwinzi v Athi River Marble & Granite Ltd (Cause 356 of 2018) [2023] KEELRC 2408 (KLR) (3 October 2023) (Judgment)
✦ The Claimant was found to be an employee of the Respondent and is entitled to the relief sought, including salary arrears and annual leave pay.
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Prime Mills Limited v Bogonka (Appeal 28 of 2018) [2023] KEELRC 2424 (KLR) (3 October 2023) (Judgment)
✦ The appeal is dismissed with costs to the Respondent. The learned magistrate's findings on liability and award of damages are upheld.
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Salim v Xplico Insurance Company Limited (Cause 178 of 2018) [2023] KEELRC 2492 (KLR) (3 October 2023) (Judgment)
✦ Judgment for Claimant for outstanding salary, leave days, compensation for unfair termination, interest, and costs.
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Letangule & another v Chief Executive Officer – National Heath Insurance Fund & 2 others (Cause E330 of 2023) [2023] KEELRC 2292 (KLR) (2 October 2023) (Ruling)
✦ The court denied the motion to set aside the orders, finding that the Claimants failed to demonstrate substantial loss or incapacity to prosecute the case.
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Letangule & another v Chief Executive Officer - National Heath Insurance Fund & 2 others (Cause E330 of 2023) [2023] KEELRC 2330 (KLR) (2 October 2023) (Ruling)
✦ The court has jurisdiction to determine the sustainability of the Respondent’s Notice of Preliminary Objection. The Claimants suit was filed in violation of the doctrine of exhaustion of internal grievance handling mechanisms.
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Nyambane v Eveready Security Guards Company Ltd (Cause 542 of 2017) [2023] KEELRC 2326 (KLR) (2 October 2023) (Judgment)
✦ The Court found the termination to be fair as the Claimant was found with scrap metal and refused to report to Ruiru.
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Daddah v Chairman [B.O.G.] Tarasaa Youth Polytechnic & 2 others (Cause 154 of 2015) [2023] KEELRC 2394 (KLR) (29 September 2023) (Ruling)
✦ The suit is long concluded, and the previous judgment cannot be consolidated with the new motion. The arithmetical error in the judgment is part of the judgment and cannot be corrected. The County Government of Tana River was not a party to the original suit and cannot be ordered to pay the judgment sum.
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Ochieng v Kenya National Hospital Board (Employment and Labour Relations Cause 41 of 2020) [2023] KEELRC 2324 (KLR) (29 September 2023) (Ruling)
✦ The court ordered the respondent to provide the applicant with a Certificate of Tax Remittance (P9) form and to pay the applicant Kshs 47,235/90 as interest on costs.
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Amalgameted Union of Kenya Metal Workers v Associated Motors (Employment and Labour Relations Cause 58 of 2018) [2023] KEELRC 2289 (KLR) (29 September 2023) (Judgment)
✦ The court dismisses the claimant's suit and orders payment of unpaid wages and leave days.
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Mwashigadi v Seven Seas Technologies Limited (Miscellaneous Cause E017 of 2023) [2023] KEELRC 2256 (KLR) (29 September 2023) (Ruling)
✦ The application to enlarge time to file a fresh claim is dismissed with no order on costs.
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Ndoji v Questworks Limited (Cause 49 of 2020) [2023] KEELRC 2259 (KLR) (29 September 2023) (Judgment)
✦ The Court found the termination unfair and procedurally deficient.
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Ngunjiri v Middle East Bank Kenya Limited (Cause 97 of 2019) [2023] KEELRC 2355 (KLR) (29 September 2023) (Ruling)
✦ The application for stay of proceedings pending appeal is dismissed with costs.
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Cook ‘N’ Lite Limited v Karani (Appeal E004 of 2022) [2023] KEELRC 2387 (KLR) (29 September 2023) (Judgment)
✦ The trial court's judgment is set aside, and the respondent is awarded one month salary in lieu of notice, accrued leave days, and compensation for unfair termination.
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Mboya v AIG Kenya Insurance Co. Ltd (Employment and Labour Relations Cause E854 of 2021) [2023] KEELRC 2261 (KLR) (29 September 2023) (Judgment)
✦ The court finds that the separation of the parties was lawful and that the parties are entitled to the reliefs they seek.
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Mokaya v National Police Service & 2 others (Petition E018 of 2021) [2023] KEELRC 2255 (KLR) (29 September 2023) (Judgment)
✦ The Petition is declined. No order on costs.
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Shreeji Enterprises [K] Limited v Wainaina (Appeal E025 of 2022) [2023] KEELRC 2354 (KLR) (29 September 2023) (Judgment)
✦ The trial court's judgment is set aside due to lack of jurisdiction, and a re-trial is ordered.
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Nkonge v Yetu Sacco Limited (Cause E010 of 2022) [2023] KEELRC 2268 (KLR) (29 September 2023) (Judgment)
✦ The court found that the dismissal was not valid and fair, and a fair procedure was not followed.
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Ambogo v Sameer Agriculture and Livestock (Kenya) Limited (Employment and Labour Relations Cause 199 of 2022) [2023] KEELRC 2257 (KLR) (29 September 2023) (Judgment)
✦ Section 42(1) of the Employment Act is contrary to the Constitution and denies employees on probationary contracts the right to be heard before their contracts can be terminated.
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Bedrock Holdings Limited v Wangari (Employment and Labour Relations Appeal E003 of 2023) [2023] KEELRC 2293 (KLR) (29 September 2023) (Judgment)
✦ The appeal is time barred.
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Gachoka v Ndege (Cause 1516 of 2014) [2023] KEELRC 2314 (KLR) (29 September 2023) (Judgment)
✦ Claimant's Notice to Show Cause is found merited and is hereby allowed with costs
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Teachers Service Commission v Gitahi (Employment and Labour Relations Appeal E017 of 2022) [2023] KEELRC 2267 (KLR) (29 September 2023) (Judgment)
✦ The dismissal was not unfair and the respondent was not entitled to damages.
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Oganda v Elemech Eng (K) Ltd & another (Employment and Labour Relations Cause E038 of 2022) [2023] KEELRC 2328 (KLR) (29 September 2023) (Ruling)
✦ The court enters judgment in favor of the applicant for Kshs. 153,785 and awards interest from the date of the ruling until full payment.