Kenyan case law
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Ayako v Quality Plast Limited (Employment and Labour Relations Cause 2396 of 2017) [2023] KEELRC 2320 (KLR) (29 September 2023) (Judgment)
✦ The court finds the termination fair and lawful
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Rift Valley Railways Workers Union (K) v China Road & Bridge Corporation Kenya; Ministry of Labour, Social Protection State Department of Labour & another (Interested Parties) (Cause 1647 of 2018) [2023] KEELRC 2284 (KLR) (29 September 2023) (Ruling)
✦ The court will not dismiss the suit for want of prosecution but will order it to be set down for hearing within 60 days of this ruling and in default the same shall stand dismissed for want of prosecution without intervention of any party.
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Kenya Petroleum Oil Workers Union v Stratostaff EA Ltd (Employment and Labour Relations Cause E951 of 2022) [2023] KEELRC 2273 (KLR) (29 September 2023) (Ruling)
✦ The court finds that the Claimant has not met the statutory threshold for recognition and that the Respondent has not failed to deduct and remit union dues.
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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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Matola v Odessy International Limited (Cause 67 of 2019) [2023] KEELRC 2260 (KLR) (29 September 2023) (Ruling)
✦ The application to strike out the claim is declined, but the verifying affidavit is struck out and the Claimant is ordered to file a new one.
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Githinji v Kenya Commercial Bank Limited (Cause E043 of 2022) [2023] KEELRC 2269 (KLR) (29 September 2023) (Judgment)
✦ The termination was found to be unfair due to lack of prior training and job description, and the circumstances under which the claimant was expected to perform better were not ideal during the pandemic.
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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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BOM Our Lady of Lourdes Girls High School v Maina (Employment and Labour Relations Appeal E015 of 2022) [2023] KEELRC 2294 (KLR) (29 September 2023) (Judgment)
✦ The dismissal was not in accordance with a fair procedure, and the respondent was awarded notice and compensation.
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Issak v University Of Nairobi (Cause E015 of 2021) [2023] KEELRC 2312 (KLR) (29 September 2023) (Ruling)
✦ The Court denied the application for stay of execution.
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Kenya National Union of Nurses v Local Authorities Provident Fund Board & 4 others; Kiuluku & 8 others (Interested Parties) (Petition E005 of 2023) [2023] KEELRC 2278 (KLR) (29 September 2023) (Ruling)
✦ The court finds that the ELRC lacks the requisite jurisdiction to determine the legality of the Constitution of the Board of the 1st Respondent outside of an employment dispute or outside the scope that has been set under section 12 of the ELRC Act.
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Mberia & 3 others v County Secretary, County Government of Meru & 2 others; Kwiriga & 4 others (Interested Parties) (Petition 1 of 2022) [2023] KEELRC 2310 (KLR) (29 September 2023) (Ruling)
✦ The respondents were served with the conservatory order and were aware of it. The evidence presented by the applicants lacks authenticity and necessary certificates, and the respondents have provided pay slips to prove their employment.
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Mwara v Kirinyaga County Public Service Board (Cause E002 of 2021) [2023] KEELRC 2295 (KLR) (29 September 2023) (Judgment)
✦ The contract was not validly renewed and was unfairly terminated.
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Nzioka v Sayani Investments Ltd (Employment and Labour Relations Cause 319 of 2019) [2023] KEELRC 2271 (KLR) (29 September 2023) (Judgment)
✦ The court finds that the Respondent had a valid reason to terminate the Claimant's contract of service due to his absence from work without lawful reason and permission. However, the Respondent was obligated to notify the Claimant of the reason for termination and allow him an opportunity to respond.
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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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Apwaoka & 5 others v Borderless Tracking Limited (Cause 939 of 2016) [2023] KEELRC 2356 (KLR) (29 September 2023) (Ruling)
✦ The court allows the Respondent's application to modify the payment terms, with the Respondent to pay Ksh 300,000 within 14 days and the balance in monthly instalments of Ksh 150,000 starting from November 2023.
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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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Kamwaro v Embu Water and Sanitation Co Ltd (Constitutional Petition E008 of 2023) [2023] KEELRC 2298 (KLR) (29 September 2023) (Judgment)
✦ The petition is dismissed as moot.
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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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Krijnen v Nas Airport Services Ltd (Cause E031 of 2021) [2023] KEELRC 2390 (KLR) (29 September 2023) (Judgment)
✦ The Court held that the relationship between the Claimant and the Respondent was that of a consultant, not an employer-employee relationship.
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Otieno v SGA Security (Msa) Ltd (Cause 229 of 2018) [2023] KEELRC 2388 (KLR) (29 September 2023) (Ruling)
✦ The Claimant's suit is hereby dismissed for want of prosecution.
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Westbuild General Contractors Ltd v Ntinyari & 17 others & another (Employment and Labour Relations Appeal E001 of 2023) [2023] KEELRC 2265 (KLR) (29 September 2023) (Judgment)
✦ The court held that the appellant was not the employer of the 1st respondent and that the Ministry of Transport and Infrastructure was not a necessary party to the suit.
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Batian Flowers Limited v Thiane (Employment and Labour Relations Appeal 1A of 2022) [2023] KEELRC 2270 (KLR) (29 September 2023) (Judgment)
✦ The trial court lacked jurisdiction to determine the respondent's suit for compensation due to the provisions of the Work Injury Benefit Act (WIBA). The entire judgment of the trial court is set aside and the respondent's suit is struck out with costs.
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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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University of Nairobi v Sifuna (Appeal 22 of 2020) [2023] KEELRC 2258 (KLR) (29 September 2023) (Judgment)
✦ The trial court had jurisdiction to hear and determine the matter, and the termination was procedurally fair.
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Mutali v Busia Water and Sanitation Company Limited (Employment and Labour Relations Cause 5 of 2020) [2023] KEELRC 2249 (KLR) (29 September 2023) (Ruling)
✦ The court denied the application, finding that the judgment should remain published as it is a necessary part of the common law doctrine of stare decisis.