Kenyan case law
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Owili v Achola (Cause E368 of 2024) [2024] KEELRC 2212 (KLR) (18 September 2024) (Ruling)
✦ The Court is persuaded that the Claimant has an arguable case, a prima facie case.
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Omukwa v National Police Service Commission (Cause E652 of 2020) [2024] KEELRC 2209 (KLR) (18 September 2024) (Judgment)
✦ The court finds that the Respondent had sufficient cause to dismiss the Claimant from employment.
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Shitoshe v The Board of Management Shivanga Secondary School & another (Cause E023 of 2024) [2024] KEELRC 2222 (KLR) (18 September 2024) (Ruling)
✦ The court found the claim statute barred and dismissed the suit.
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Mwangi v Keroche Breweries Limited (Cause E035 of 2022) [2024] KEELRC 2239 (KLR) (18 September 2024) (Judgment)
✦ The court finds the termination unfair and unlawful.
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Kenya Building, Construction, Timber & Furniture Industries Employees Union v Laminates Furniture Limited (Cause E359 of 2024) [2024] KEELRC 2219 (KLR) (18 September 2024) (Ruling)
✦ The Court finds the Supporting Aduit was not commissioned by a Commissioner for Oaths and the Notice of Motion premature.
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Musau v Adrian Kenya Limited (Cause E167 of 2024) [2024] KEELRC 2203 (KLR) (18 September 2024) (Ruling)
✦ The Respondent's Notice of Motion is dismissed with costs.
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Tonui v Agricultural Development Corporation (Cause 64 of 2017) [2024] KEELRC 2236 (KLR) (18 September 2024) (Judgment)
✦ The claimant's cause is hereby dismissed with no order as to costs.
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Kenya Enginering Workers Union v M/s Metal Crowns Limited (Cause E145 of 2022) [2024] KEELRC 2566 (KLR) (18 September 2024) (Ruling)
✦ The application is dismissed as the court order was not served, the directors are not proven to be the Respondent's directors, and the application seeks premature closure of the main suit.
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Mwasame v Indus Energy Limited (Employment and Labour Relations Cause 1572 of 2017) [2024] KEELRC 2575 (KLR) (18 September 2024) (Judgment)
✦ The Court finds that the dismissal was procedurally and substantively unfair.
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Kenya Building, Construction, Timber and Furniture Industries Employees Union v Laminates Furniture Limited (Cause E359 of 2024) [2024] KEELRC 2204 (KLR) (18 September 2024) (Ruling)
✦ The Claimant’s Supporting A affidavit was not commissioned by a Commissioner for Oaths and exhibits were not sealed and marked as by law required, thus the Claimant is not entitled to the reliefs sought.
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Frodak Kenya Limited v Makunda (Employment and Labour Relations Appeal E005 of 2023) [2024] KEELRC 2233 (KLR) (18 September 2024) (Judgment)
✦ The Court reinstated the appeal and set aside the Trial Magistrate's awards for underpayment, severance pay, leave allowance, overtime, and public holidays.
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Mutio v Agricultural Development Corporation (Cause 63 of 2017) [2024] KEELRC 2235 (KLR) (18 September 2024) (Judgment)
✦ The court declares that the claimant was lawfully retired and awards him a total of Kshs 533,515.45 in compensation.
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Butoyi (As a substitution for Canute Ifute Butoyi - Deceased) v Attorney General (Cause 828 of 2022) [2024] KEELRC 2211 (KLR) (18 September 2024) (Judgment)
✦ The court has jurisdiction to hear and determine the suit.
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Mwinyihaji v David Livingstone Limited t/a Mara River Lodge & another (Cause E006 of 2022) [2024] KEELRC 2238 (KLR) (18 September 2024) (Judgment)
✦ The claimant was constructively dismissed by the 1st respondent on or around 1st March, 2020.
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Otieno v Kabarak University (Cause E047 of 2021) [2024] KEELRC 2253 (KLR) (18 September 2024) (Judgment)
✦ The court finds the dismissal of the claimant's services to be unfair and unlawful.
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Kilonzo v IPAS Africa Alliance (Cause E424 of 2021) [2024] KEELRC 2210 (KLR) (18 September 2024) (Judgment)
✦ The Court held that the termination of the Claimant's employment on account of redundancy was unfair.
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Kaiga v Co-operative Bank of Kenya Ltd (Cause E141 of 2023) [2024] KEELRC 2218 (KLR) (18 September 2024) (Ruling)
✦ The suit abated due to the claimant's failure to serve summons and the respondent's failure to enter appearance. The suit was dismissed for want of prosecution.
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Wachira v Egerton University (Currently Laikipia University) (Cause 284 of 2015) [2024] KEELRC 2242 (KLR) (18 September 2024) (Judgment)
✦ The claimant's cause is hereby dismissed with no order as to costs.
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Ombech v Public Finance Management Reform & 2 others (Cause E104 of 2021) [2024] KEELRC 2200 (KLR) (13 September 2024) (Ruling)
✦ The order withdrawing the Claim is reviewed and set aside, and the Claim is reinstated. The prayer for amendment of the Claim is struck out with leave to renew the Application for amendment.
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Khasiani v Teachers Service Commission (Cause 323 of 2017) [2024] KEELRC 2201 (KLR) (13 September 2024) (Judgment)
✦ The Claimant's dismissal was procedurally fair but substantively unfair.
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Kihato v BOC Kenya Limited (Cause 1233 of 2018) [2024] KEELRC 2202 (KLR) (13 September 2024) (Judgment)
✦ The Court declared the dismissal unfair and unlawful, ordered the Respondent to pay the Claimant 1-month salary in lieu of notice and 12 months' salary in compensation for unfair termination.
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Thumbi v Everest Enterprises Limited (Appeal E020 of 2023) [2024] KEELRC 2196 (KLR) (12 September 2024) (Judgment)
✦ The court held that the termination was unfair and unlawful, and the appellant is entitled to the reliefs sought in the suit.
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Kenya Union of Commercial, Food and Allied Workers v Jamii Poa Commercial Agency (Cause E035 of 2023) [2024] KEELRC 2198 (KLR) (12 September 2024) (Judgment)
✦ The termination of the grievants' employment was found to be unfair and unlawful due to the failure to adhere to the statutory procedure set out in section 40 of the Employment Act, 2007.
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Murimi v County Government of Kirinyaga & another; Public Service Commission (Interested Party) (Miscellaneous Application E006 of 2024) [2024] KEELRC 2194 (KLR) (12 September 2024) (Ruling)
✦ The court cannot enforce a decision of the PSC or make orders not contained in the decision.
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Van Kappel Kenya Limited v Wanjohi (Appeal E015 of 2023) [2024] KEELRC 2193 (KLR) (12 September 2024) (Judgment)
✦ The Appellant was given an opportunity of being heard before the trial court but deliberately failed to participate in the hearing.