Kenyan case law
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Alex Oluchili Miloko v Nakumatt Holdings Limited [2016] KEELRC 1644 (KLR)
✦ The cause of action is not statute barred, and the dismissal was unfair.
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John Nyota Ndungu v Petwa Construction Company Limited [2016] KEELRC 1649 (KLR)
✦ The dismissal was fair and the Claimant is entitled to wages and accrued leave
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Jeff Milton O. Odongo v Kenya Ports Authority [2016] KEELRC 1605 (KLR)
✦ The claimant's motion is dismissed for lack of merits.
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Kenya National Private Security Workers Union v New Simba Security [2016] KEELRC 1833 (KLR)
✦ The Court awards the sum of Shs.326,782 as terminal dues to the Grievant.
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Erick Kimaiyo Kiplagat & 11 others v Baker Hughes Eho Limited (Kenya Branch) [2016] KEELRC 1440 (KLR)
✦ The Court finds no reason to order security deposit at this stage. The main claim is fixed for hearing on priority basis.
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Justine Aburi Okemwa v Sheikh Zayed Children Welfare Centre [2016] KEELRC 1627 (KLR)
✦ The amended motion is struck out with leave to file a preliminary objection.
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Aloys Obunga Abuje & 5 others v Krystalline Salt Limited [2016] KEELRC 1626 (KLR)
✦ The court finds that the claimants were independent contractors and not regular employees under a contract of service.
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Kenya Hotels Allied Workers Union v Office Restaurant & 3 others [2016] KEELRC 1590 (KLR)
✦ The court finds that the grievant is the one who terminated his employment and not the respondent. The court declines to make declarations regarding the grievant's termination and awards him 21 days annual leave for the period 2005-2006.
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Elijah Ouma Otieno v Bhachu Industries Limited [2016] KEELRC 1469 (KLR)
✦ Respondent's application is dismissed with costs
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Robert Ochora v Abdullahi Kassim (Cause 240 of 2014) [2016] KEELRC 1454 (KLR) (Civ) (26 February 2016) (Award)
✦ The claim is dismissed with no order for costs as the Claimant failed to establish an employment relationship with the Respondent.
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Transport Workers Union (Kenya) v Kimilili Hauliers Co. Ltd & 2 others [2016] KEELRC 1640 (KLR)
✦ The motion for interim orders is dismissed
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Isaac Nyamosi Nyangau v Gilani’s Supermarket Ltd [2016] KEELRC 1651 (KLR)
✦ The Court finds and holds that the Cause is incompetent and orders that it be struck out.
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Joseph Morara Omoke v Invesco Assurance Co. Ltd (Cause 245 of 2013) [2016] KEELRC 1443 (KLR) (26 February 2016) (Judgment)
✦ The Court found that the Respondent did not comply with the procedure for termination as per Section 41 of the Employment Act, and thus the dismissal was unfair.
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Paul Okemwa Moseti v Kurmally Perfect Pizza Ltd [2016] KEELRC 1589 (KLR)
✦ The court finds that the termination was unfair and unlawful due to the lack of proper redundancy procedure.
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Labour Officer Vihiga County v Esau Kevolwe [2016] KEELRC 1444 (KLR)
✦ Ayub Litunda was employed by Esau Kevolwe and was dismissed without notice. Esau Kevolwe is not entitled to the reliefs sought.
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Kenya Electrical Trade & Allied Workers Union v Geothermal Development Company [2016] KEELRC 1641 (KLR)
✦ The court grants the motion to deduct union dues and orders the Respondent to commence deductions with effect from March 2016. The court also orders the parties to pursue conciliation for the recognition agreement.
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Kenya County Government Workers Union v Governor, County Government of Kiambu & 5 others [2016] KEELRC 1648 (KLR)
✦ The court upholds the objection by the respondents and directs the applicant to amend his application to exclude the 4th and 6th respondent and join or substitute the successor in title to Municipality Council of Thika.
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Martin Vindija Nyambuku v Mbukoni Logistics Limited [2016] KEELRC 1638 (KLR)
✦ Claimant is awarded service pay and annual leave pay, and the Respondent is ordered to release the Claimant's Certificate of Service.
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Peterson Makori v Hesbon Onyango [2016] KEELRC 1502 (KLR)
✦ Claimant awarded Kshs.78,750 for salary in lieu of notice, service pay, and compensation for unfair termination.
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Lydia Chepkosgei Mutai v Kenya Power & Lighting Company Ltd [2016] KEELRC 1442 (KLR)
✦ The decretal sum should be deposited in an interest-earning account at NIC Bank in the joint names of the Federation of Kenya Employers and Kasamani & Company Advocates within 30 days.
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James Mwaura Njoroge & 5 Others v Baker Hughes Eho Limited (Kenya Branch) [2016] KEELRC 1455 (KLR)
✦ The Court finds no reason to order security deposit at this stage. The main claim is fixed for hearing on priority basis.
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Jah Hendricks v David Charo Sirya [2016] KEELRC 1629 (KLR)
✦ The court reversed the trial court's decision on liability and held that the employer and the respondent were equally 50% liable for the incident.
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Obadia Andere Abisai v Jaswant Singh & Brothers [2016] KEELRC 1528 (KLR)
✦ The Court directs the claimant to file his claim before the local labour office to inquire into the matter in light of the respondent's letter dated 10th May, 2013 and report to the Court within 90 days.
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Kenya Plantation & Agricultural Workers Union v Del Monte Kenya Ltd [2016] KEELRC 1654 (KLR)
✦ The dismissal was substantively unfair and the court awards 12 months wages compensation.
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Josphat Mavonga v K. K. Security Group of Companies [2016] KEELRC 1630 (KLR)
✦ The suit is time barred and the court must down its tools for lack of jurisdiction to determine the suit on merits.