Kenyan case law
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Kenya Concrete Structural Ceramics Tiles Woodply and Interior Design Workers Union v Registrar of Trade Unions & another [2016] KEELRC 1540 (KLR)
✦ The Interested Parties are bona fide officials of the Claimant and are allowed to be enjoined in the suit.
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Kenya Building Construction Timber & Furniture Industries Employees Union v Reliable Concrete Works Limited [2016] KEELRC 1593 (KLR)
✦ The Court found the Union to be a registered trade union under the Labour Relations Act.
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Joshua Kipkeitany Cheptim v Teachers Service Commission [2016] KEELRC 1592 (KLR)
✦ The dismissal was found to be unfair and the Respondent was ordered to pay the Claimant 1 month pay in lieu of notice and maximum compensation.
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Communication Workers Union of Kenya (COWU) v Telkom (K) Limited [2016] KEELRC 1552 (KLR)
✦ The Court finds that consultations occurred but were not fully agreed upon, and Telkom's redundancy exercise is in compliance with the law.
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Mary Muthoni v Kenya Nut Company Limited [2016] KEELRC 1594 (KLR)
✦ termination was unfair, but not procedurally unfair
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Ann Wambui Kamuiru v Kenya Airways Limited [2016] KEELRC 1537 (KLR)
✦ The Court finds that the disciplinary process was hurried and marred with irregularities, and directs the Respondent to initiate proper processes as per the law and their HR Manual within 30 days.
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David Asige Keya v Hotel Waterbuck Limited [2016] KEELRC 1595 (KLR)
✦ The Court finds that the Claimant was an employee of the Respondent from November 2006. The Respondent failed to provide a show cause notice to the Claimant, thus the dismissal was unfair. The Claimant is entitled to 1 month pay in lieu of notice and Kshs 8,000/- for wages for February 2010. The Court declines to award overtime pay, leave and traveling allowance, and overtime during public holidays.
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Michael Otieno Auma v Egis Becom Kenya Limited [2016] KEELRC 1548 (KLR)
✦ Claimant is not entitled to prayers sought and his claim is dismissed accordingly.
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David Okoth Olayo v Leah Malot [2016] KEELRC 1601 (KLR)
✦ The respondent's case is reopened, and a date for her witness(es) to testify will be given. The respondent must pay unpaid adjournment fees within 3 days.
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Edwin Momanyi & 4 others v Wonder Feeds Limited [2016] KEELRC 1597 (KLR)
✦ The court dismissed the claimants' case, finding that the parties had already undergone a conciliation process and that the court lacked jurisdiction to hear the matter.
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Jared Odhiambo Ojao v Poly Pipes Limited [2016] KEELRC 1602 (KLR)
✦ The Respondent's motion seeking a stay of the ex parte proceedings and judgment/decree is not merited and is dismissed.
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Benson Owino Odongo v Menengai Oil Refinery Ltd [2016] KEELRC 1596 (KLR)
✦ The Court dismisses the application for review with costs to the Claimant
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Rogoli Ole Manadiegi v General Cargo Services Limited [2016] KEELRC 1607 (KLR)
✦ The Appellant's claim for overtime pay and annual leave pay is dismissed. The Appellant is awarded 1 month's salary in lieu of notice and 18 days' salary as gratuity. The Appellant is also awarded arrears of salary for the period 2003 to 2005.
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Richard Masasi Okwoyo, Clifford Masongo Onchaga, Charles Matwete Begi & Naftal Momanyi Orando v Coastech Limited & Composol Limited (Cause 206 of 2014) [2016] KEELRC 1610 (KLR) (4 March 2016) (Award)
✦ Claimants are to be paid the sums particularized in the Statement of Claim by the Respondents within 30 days of the delivery of this Award.
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Denis Ksang Ripko v Kenya Commercial Bank Limited [2016] KEELRC 1434 (KLR)
✦ The application must fail and is dismissed with no orders for costs.
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Nemwel Oroba Gichana v Kenya Medical Research Institute [2016] KEELRC 1836 (KLR)
✦ The termination of the Claimant's employment was unfair due to the lack of a proper hearing and the subsequent reinstatement of the termination decision.
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Kenya Union of Commercial Food and Allied Workers v Corn Products Kenya Limited [2016] KEELRC 1218 (KLR)
✦ The court held that the CBA is a binding agreement and the formula to be applied in the computation of severance pay is set out in the CBA.
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Dickson Ouma Opiyo v Lake Victoria North Water Services Board & another [2016] KEELRC 1441 (KLR)
✦ The court dismissed the claimant's application for employment preservation and interim injunctions.
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James Kimanthi Mumo v Safari Plaza Limited & Another [2016] KEELRC 1580 (KLR)
✦ The application by the Claimant is allowed, and the garnishee order is made absolute. The money held in the garnishee account in respect of the Judgment Debtor is released forthwith to the Claimant.
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Charles Sande Nagatso v Security Group Kenya Limited [2016] KEELRC 1560 (KLR)
✦ Claim for service pay or severance pay is not payable as the Claimant was a member of NSSF and this was not a redundancy situation.
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Peter Muturi Chege v Nairobi County Assembly Service Board [2016] KEELRC 1565 (KLR)
✦ Petitioner's prima facie case is established, and interim restraining orders are granted.
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Okiya Omtatah Okoiti v Kenyatta University Council & 2 others [2016] KEELRC 1604 (KLR)
✦ The 1st Respondent (Kenyatta University Council) will stay as a party to the proceedings. The application by the 1st Respondent and 1st Interested Party will not be struck out as it constitutes an abuse of the court process. The Vice Chancellor's contract will not be produced in court. The Respondents will not be prohibited from advertising and recruiting a new Vice Chancellor until regulations are developed.
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Mohamed Yakub Athman & 29 others v Kenya Ports Authority [2016] KEELRC 1636 (KLR)
✦ The Court found no strike on 27th June 2015 and dismissed the Claimants' claims.
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Republic v Resident Magistrate - Muranga & another Ex-parte Mary Wanja Kioga [2016] KEELRC 1572 (KLR)
✦ The court held that the Tribunal did not have jurisdiction to entertain and arbitrate on the parcels of land registered under the Registered Land Act, Cap 300 Laws of Kenya.
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Daniel Mutahi Munyi v Sunflag Textile & Knitwear Mills Ltd [2016] KEELRC 1598 (KLR)
✦ The claim is found without merit and dismissed with no order on costs. The respondent will pay the claimant Kshs.17,447/= for days worked in May, 2007 and 24 days of accrued leave.