Kenyan case law
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Anjela Saru Wachenje v East Africa Fondary Works (K) Limited (Cause 1337 of 2016) [2022] KEELRC 3872 (KLR) (25 August 2022) (Judgment)
✦ The court finds the respondent did not follow the mandatory requirements as provided in the Employment Act and is therefore inclined to find the claimant was unfairly and unprocedurally terminated from her employment.
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Kagena v Francis Maina (Head-Teacher) Aimeel Preparatory School & another (Petition E081 of 2022) [2022] KEELRC 3870 (KLR) (25 August 2022) (Ruling)
✦ The application for temporary injunction is dismissed with no orders as to costs. The employer is instructed to allow the applicant's children to continue attending the school pending the determination of this suit or on the disciplinary proceedings.
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Kenya Union of Hair and Beauty Workers v Sana Industries Limited (Cause E420 of 2022) [2022] KEELRC 3871 (KLR) (25 August 2022) (Ruling)
✦ The court finds the claimant's reasons plausible and dismisses the respondent's preliminary objection.
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Opele v Biometric Technology & 3 others (Cause E350 of 2020) [2022] KEELRC 3778 (KLR) (19 August 2022) (Ruling)
✦ The court allowed the claimant's application to amend the statement of claim and partially allowed the respondents' application to strike out the 2nd, 3rd and 4th respondents from the suit.
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Patrick Kagiri Nguru v Apex Steel Limited (Cause 1737 of 2017) [2022] KEELRC 3835 (KLR) (19 August 2022) (Judgment)
✦ The claimant was not terminated from employment as his contract expired by euxion of time.
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Migwi v Amboseli Court Limited (Cause 1829 of 2017) [2022] KEELRC 3780 (KLR) (19 August 2022) (Judgment)
✦ Claimant is entitled to compensation for service gratuity, notice pay, severance pay, and untaken leave days totaling Kshs 209,000.
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Odero v Barclays Bank of Kenya (Cause 1504 of 2018) [2022] KEELRC 3836 (KLR) (19 August 2022) (Ruling)
✦ The court grants the application, allowing the claimant to amend its statement of claim and granting the respondent corresponding leave to amend its response.
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Kenya County Government Workers Union v County Government of Wajir & another (Petition E046 of 2022) [2022] KEELRC 3774 (KLR) (19 August 2022) (Judgment)
✦ The respondents violated the constitutional rights of the petitioner's members by failing to place them on the payroll and pay their salaries.
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Sang v Ceva Logistics Limited & another (Cause E832 of 2021) [2022] KEELRC 3777 (KLR) (19 August 2022) (Ruling)
✦ The court held that the Employment and Labour Relations Court in Kenya has jurisdiction to hear the claim, despite the existence of an exclusive foreign jurisdiction clause in the employment contract.
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Onyancha v Uzuri Foods Limited (Cause 1688 of 2016) [2022] KEELRC 3779 (KLR) (19 August 2022) (Judgment)
✦ The claim is dismissed in its entirety with no orders as to costs.
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Munyili v Carbacid (Co2) Limited (Cause 1860 of 2017) [2022] KEELRC 3810 (KLR) (19 August 2022) (Judgment)
✦ The court found that the respondent had justifiable reason to retire the claimant on grounds of ill health and that the claimant was not afforded a fair hearing.
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Josephine Ndirima v Medecins Sans Frontiers Belgium (Cause 454 of 2022) [2022] KEELRC 3814 (KLR) (19 August 2022) (Ruling)
✦ The court found that the claimant had a prima facie case and that she would suffer irreparable injury if the injunction was not granted.
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Songole v Nairobi City Water & Sewerage Company (Employment and Labour Relations Petition E103 of 2022) [2022] KEELRC 3826 (KLR) (18 August 2022) (Ruling)
✦ The Court found no legitimate expectation of renewal of the employment contract unless the employer has expressly communicated contrary to terms of the employee.
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Khakata v Pricewaterhouse Coopers Limited (Cause 1505 of 2017) [2022] KEELRC 3820 (KLR) (18 August 2022) (Judgment)
✦ The termination of claimant's employment was found to be unfair.
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Mwonyonyi v Mufaddal Glass Distributors Limited (Cause E784 of 2021) [2022] KEELRC 3828 (KLR) (18 August 2022) (Ruling)
✦ The Court declares that the Employment and Labour Relations Court has the requisite jurisdiction to hear the case.
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Nyarango v Nairobi City Water & Sewerage Company (Employment and Labour Relations Petition E102 of 2022) [2022] KEELRC 3815 (KLR) (18 August 2022) (Ruling)
✦ The court found no inconsistency with the respondent's averments that the applicant was well aware of the term of her contract and served under the terms and conditions.
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Muchiri v African Agricultural Technology Foundation (AATF) & another (Cause 663 of 2019) [2022] KEELRC 3827 (KLR) (18 August 2022) (Ruling)
✦ The court orders the production of certain documents within 30 days.
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Chesire v National Aids Control Council (Petition E104 of 2022) [2022] KEELRC 3829 (KLR) (18 August 2022) (Ruling)
✦ The court dismisses the application as overtaken by events and cannot grant a conservatory order for a contract that has already been effected.
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Nyaga v National Police Service Commission & another (Petition 130 of 2018) [2022] KEELRC 4004 (KLR) (18 August 2022) (Ruling)
✦ The respondent is not in contempt of court and will not be committed to civil jail. The applicant will be reinstated to his former employment within 30 days from the date of the ruling.
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H. Young Company ( E. A) v Mwangi (Miscellaneous Case E055 of 2022) [2022] KEELRC 3818 (KLR) (18 August 2022) (Ruling)
✦ The application is dismissed as it violates the mandatory provisions of Order 9 Rule 9 of the Civil Procedure Rules.
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Mbugua v University of Nairobi (Cause 1114 of 2018) [2022] KEELRC 3824 (KLR) (18 August 2022) (Judgment)
✦ The court declared the termination of the claimant's employment unlawful and unfair and ordered the respondent to pay final dues and refunds.
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Lubeto v Mt. Kenya University (Cause E469 of 2020) [2022] KEELRC 3816 (KLR) (18 August 2022) (Ruling)
✦ The court gives leave to the respondent to withdraw the application dated April 4, 2022 and orders the costs to be awarded to the claimant.
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Mbindyo v Private Safaris (E.A) Ltd (Cause E894 of 2021) [2022] KEELRC 3819 (KLR) (18 August 2022) (Ruling)
✦ This court lacks jurisdiction to hear and determine the claim due to the claim being time-barred under section 90 of the Employment Act.
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Machangi v County Government of Nyandarua & 2 others (Miscellaneous Case E131 of 2021) [2022] KEELRC 3817 (KLR) (18 August 2022) (Ruling)
✦ The court found that the applicant was lawfully terminated and ordered the respondent to pay the applicant's salary up to the expiration of his contract.
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Mungai v Kilimall International Limited (Cause 1657 of 2016) [2022] KEELRC 3823 (KLR) (18 August 2022) (Judgment)
✦ The Court found that the Claimant was not unfairly and unlawfully terminated.