Kenyan case law
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Lion’s Court Inn (K) Limited v Wambugu (Employment and Labour Relations Appeal E018 of 2023) [2024] KEELRC 2192 (KLR) (12 September 2024) (Judgment)
✦ The settlement agreement fully discharged the appellant from liability to compensate the respondent under the WIBA.
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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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Karimi v Katheri Farmers Co-operative Society Limited (Cause E022 of 2023) [2024] KEELRC 2195 (KLR) (12 September 2024) (Judgment)
✦ The court finds that the claimant had a valid grievance against the respondent due to prolonged suspension and withheld salary. The court infers constructive dismissal.
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Imetha Water & Sanitation Co Ltd v Trident Insurance Co Ltd; Kiogora (Interested Party) (Cause E010 of 2023) [2024] KEELRC 2190 (KLR) (12 September 2024) (Judgment)
✦ The respondent is liable to satisfy the judgment/decree in Meru ELRC Misc. Application No. E009 of 2022 and the claimant is entitled to costs.
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Kenwatch Security Services Ltd v Mwangi (Employment and Labour Relations Appeal E022 of 2023) [2024] KEELRC 2199 (KLR) (12 September 2024) (Judgment)
✦ Mwangi is not entitled to declaration of unfair termination or compensation. He is entitled to unpaid salary for September 2021 - January 2022 and Kshs.24,000 for October - December 2021.
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Nyaga & 46 others v Embu County Government & 2 others; Kenya County Government Workers Union (Interested Party) (Petition E017 of 2023) [2024] KEELRC 2197 (KLR) (12 September 2024) (Ruling)
✦ The court declines to grant leave to amend the petition as the amendment introduces a new cause of action inconsistent with the petition and would prejudice the defense.
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Kenya Glass Workers Union v Kenya Engineering Workers Union; Impala Glass Industries Limited (Interested Party) (Cause E611 of 2021) [2024] KEELRC 2189 (KLR) (6 September 2024) (Ruling)
✦ The court finds that the dispute should be referred to the Minister for conciliation first before being referred to the court.
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Hayson v Dhl Supply Chain Kenya Ltd & another (Cause E417 of 2020) [2024] KEELRC 2188 (KLR) (6 September 2024) (Judgment)
✦ The court finds the Claimant was constructively dismissed and the Respondents' conduct amounted to unfair termination.
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Ohana v Kenol Kobil PLC (Cause 601 of 2019) [2024] KEELRC 2184 (KLR) (6 September 2024) (Judgment)
✦ The Court found the termination to be unfair and that the claimant was not properly given a fair procedure. The Court also found that the respondent was not justifiably entitled to claw back the bonus and COLA.
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Transport Workers Union Kenya v Sifa Imports Limited (Cause 1421 of 2018) [2024] KEELRC 2181 (KLR) (6 September 2024) (Judgment)
✦ The court found the termination to be unfair and awarded compensation including three months' salary, severance pay, unpaid salary arrears, and leave pay.
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Kago v Inades Formation Kenya (Cause E953 of 2021) [2024] KEELRC 2179 (KLR) (6 September 2024) (Judgment)
✦ The court held that the Claimant's contract was terminated by euxion of time and that the termination was not unfair.
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Tuguro v National Intelligence Service & another (Petition E213 of 2022) [2024] KEELRC 2183 (KLR) (6 September 2024) (Judgment)
✦ The court finds that the Petitioner was unfairly terminated due to soliciting and receiving bribes, and there was reasonable procedural fairness in the termination process.
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Maitha v National Bank of Kenya Ltd (Appeal E113 of 2023) [2024] KEELRC 2187 (KLR) (6 September 2024) (Judgment)
✦ The appeal is allowed, and the trial court's ruling is set aside. The suit is reinstated, and the Appellant is ordered to seek transfer of the case to the Employment and Labour Relations Court.
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DPL Festive Limited v Kiio (Appeal 65 of 2023) [2024] KEELRC 2180 (KLR) (6 September 2024) (Judgment)
✦ The court reduced the liability to 50% and the award of general damages to Kshs 450,000.
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Flashcom Security Limited v Malika (Appeal E239 of 2023) [2024] KEELRC 2182 (KLR) (6 September 2024) (Judgment)
✦ The court will not interfere with the trial court's discretion on statutory awards and compensation for unfair termination, but will disturb the award of maximum compensation.
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Simiyu v Boc Kenya Plc (Cause E057 of 2021) [2024] KEELRC 2185 (KLR) (6 September 2024) (Judgment)
✦ The Court found the termination of employment to be unfair and unlawful due to procedural injustices and discrimination.
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Thomas & Piron Grand Lacs Limited v Momanyi (Appeal E097 of 2023) [2024] KEELRC 2186 (KLR) (6 September 2024) (Judgment)
✦ The appeal is dismissed. The trial court's judgment is upheld.
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Kenya Union of Commercial, Food and Allied Workers v Mantrack Limited (Cause E196 of 2024) [2024] KEELRC 2166 (KLR) (30 August 2024) (Ruling)
✦ The Court declines the Application and orders costs in the cause.
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Muhia v Commander, Kenya Navy (Cause E635 of 2023) [2024] KEELRC 2168 (KLR) (30 August 2024) (Ruling)
✦ The Claim is transferred to the Employment and Labour Relations Court in Mombasa.
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Nyakundi v House of Leather t/a Levs Trading Company Limited (Cause 722 of 2016) [2024] KEELRC 2167 (KLR) (30 August 2024) (Judgment)
✦ The Court declared the termination of the Claimant's contract unfair and unlawful, ordered the Respondent to pay compensation, costs, and interest.
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Muriuki v Skyline Services Limited (Cause 1476 of 2018) [2024] KEELRC 2170 (KLR) (30 August 2024) (Ruling)
✦ The Court finds the Respondent's arguments unconvincing and grants the application to set aside the ex parte proceedings and hear the claim de novo.
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Njanjo v Jomat Construction Limited (Cause 1514 of 2018) [2024] KEELRC 2171 (KLR) (30 August 2024) (Judgment)
✦ The Court declared that termination of the Claimant's contract was unfair and unlawful, and ordered the Respondent to pay the Claimant Kshs 780,000 in compensation and costs.
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Miano v Kenya Institute of Management (Cause E172 of 2023) [2024] KEELRC 2172 (KLR) (30 August 2024) (Ruling)
✦ The Court finds the dispute unnecessary and orders judgment on admission in favor of the Claimant for the sum of Kshs. 1,313,300.
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Kyalo v English Press Limited (Employment and Labour Relations Cause 252 of 2017) [2024] KEELRC 2165 (KLR) (28 August 2024) (Judgment)
✦ Claimant's prayer for rest days, public holidays, and annual leave is rejected, except for the prayer for the certificate of service.
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Timothy & 10 others v English Press Limited (Cause 227, 228, 230, 231, 247, 248, 249, 250, 251, 305 & 306 of 2014 (Consolidated)) [2024] KEELRC 2164 (KLR) (28 August 2024) (Judgment)
✦ The claims are declined except for the prayer for issuance of Certificates of Service