Kenyan case law
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Joyce Wambugu v Kima Health Solutions Limited (Abercrombie & Kent Global Health (K) Limited [2020] KEELRC 1529 (KLR)
✦ The court allows the claimant's claim and enters judgment for the sum of Kshs. 648,000 plus costs and interest at court rate from the date of filing the suit.
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Margaret Amango Jumba v Julie Ondeyo [2020] KEELRC 1580 (KLR)
✦ The termination of the claimant's services was unfair.
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Kenya National Union of Nurses v Eco Bank Kenya Limited & 8 others [2020] KEELRC 1544 (KLR)
✦ The Court finds that the 4th to 9th Respondents had the requisite locus standi to open the bank accounts as branch officials.
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Anthony Karanja Wainaina v Adrian Company Limited [2020] KEELRC 1582 (KLR)
✦ Application granted
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Davinder Ubhi v Athi Stores [2020] KEELRC 1502 (KLR)
✦ The court finds that the claimant did not fail to attend the court deliberately and exercises discretion in favour of the claimant.
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Daniel M. Kasekya v Board of Governors, St Augustine Preparatory School [2020] KEELRC 1566 (KLR)
✦ Termination was unfair, and the Respondent shall pay notice and compensation.
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Banking Insurance and Finance Union v National Bank of Kenya Limited [2020] KEELRC 1511 (KLR)
✦ The Court finds that the termination was unprocedural and unfair, and the Respondent acted within its mandate under the Agreement to put its employees on a performance improvement plan.
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Apollo Kingori Wanderi v Attorney General & another [2020] KEELRC 1430 (KLR)
✦ The court lacks jurisdiction to entertain the suit and strikes out the suit with costs.
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Elias Karimiko Kalu v Joash M. Orina t/a Planning and Furniture [2020] KEELRC 1573 (KLR)
✦ Termination was unfair, and the Respondent is ordered to pay compensation, notice, leave, and service pay to the Claimant.
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Barnabas Musembi Mutua v Board of Management, Ngara Girls High School & another [2020] KEELRC 1545 (KLR)
✦ The retirement of the claimant was unfair and the court awards him Kshs.231,735.
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Cheruiyot Chelule Arap & 15 others v Regional Centre for Services in Surveying Mapping and Remote Sensing [2020] KEELRC 1524 (KLR)
✦ The Court held that the Respondent enjoys immunity under Section 9 of the Privileges and Immunities Act, but it cannot be found liable in light of its diplomatic immunity.
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Omwoyo Eucabeth Nyabeta v Kima Health Solutions Limited (Abercrombie & Kent Global Health (K) Limited [2020] KEELRC 1514 (KLR)
✦ Judgment for the Claimant for the sum of Kshs. 680,000 plus costs and interest at court rate from the date of filing suit.
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Dr. Ednah Kemunto Gisore v Aga Khan University Hospital (Petition 105 of 2019) [2020] KEELRC 1548 (KLR) (Employment and Labour) (21 February 2020) (Judgment)
✦ The court has jurisdiction to hear the petition as the petitioner's clinical rights were part of her employment rights and the issue is whether her resignation terminated her clinical rights.
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Joseph Gesora v American Fried Chicken Limited [2020] KEELRC 1528 (KLR)
✦ The court dismissed the claim for service pay and accrued leave.
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Mohammed Ali Said v Simba Coach Limited [2020] KEELRC 1569 (KLR)
✦ Termination was declared unfair.
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Joseph Olando Oloo v Unga Limited [2020] KEELRC 1547 (KLR)
✦ An order for stay of execution of the Decree is granted pending the hearing and determination of the intended Appeal.
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Norah G. Ondieki v Hatari Security Guards Limited [2020] KEELRC 1576 (KLR)
✦ The court found the claimant employed by the respondent and terminated unfairly.
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Kitsao Said Tuva v Al-Barakat Agency Limited [2020] KEELRC 1568 (KLR)
✦ Termination was fair, but the Claimant is entitled to 1 month salary and service pay.
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Daniel Nyangui Mututa v LG Harris Company (EA) Limited [2020] KEELRC 1374 (KLR)
✦ The court finds the dismissal unfair and awards the claimant 6 months' salary as compensation and one month's salary in lieu of notice.
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Kenya National Union of Nurses (KNUN) v Kenya Medical Research Institute (KEMRI) & 2 others [2020] KEELRC 1577 (KLR)
✦ The court dismissed the suit, finding that the claimant has not proven her right to represent employees in the 1st respondent's sector and that the nurses are still benefiting from the CBA negotiated by the 2nd respondent.
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Lewis Onyoni Motieri v Farmers United/One Acre Fund [2020] KEELRC 1535 (KLR)
✦ The court orders the Deputy Registrar to reconstruct the file within 30 days if it is missing at the registry, and the parties to provide all pleadings and correspondence within 10 days of the judgment.
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Palmac Agriculture Services Limited v Benard Ondieki Getiro (Appeal 5 of 2019) [2020] KEELRC 1434 (KLR) (20 February 2020) (Judgment)
✦ The appeal is allowed only to the extent that liability is reviewed and apportioned at 50:50%. The award of general damages in Nakuru CMCC No.33 of 2016 at Ksh.400,000 is reviewed. Each party bears their own costs of the appeal.
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Kenya Union of Commercial, Food and Allied Wokers v Menengai Oil Refineries Limited [2020] KEELRC 1452 (KLR)
✦ The claimant's case is found without merit and dismissed. The grievant shall undertake the handover and collect his Certificate of Service.
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Danile Mugekenyi v Benson Muthura [2020] KEELRC 1449 (KLR)
✦ Judgment is entered for the claimant for payment of owing wages at Ksh.45,000, interest from filing suit until paid in full, and costs of the suit.
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Peter Bach Amimo v Kotecha Wholesalers Limited [2020] KEELRC 1477 (KLR)
✦ Claimant was summarily dismissed on 3 March 2017 for theft of fuel, not absconding work