Kenyan case law
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Kenya Engineering Workers Union v Auto Fine Filters And Seals Limited [2019] KEELRC 1520 (KLR)
✦ The court finds that the claimant union no longer has any members in the employ of the respondent.
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Edward Mera Rao v Robinson Investment Limited [2019] KEELRC 1488 (KLR)
✦ The court awards the claimant three (3) months salary in compensation for the wrongful termination of employment in the sum of Kshs 35,000 and Kshs 7,000 in lieu of one month notice.
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David M’iti Makwacii v Kenya Defence Forces [2019] KEELRC 1630 (KLR)
✦ The documents are expunged from the record as they were obtained illegally.
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Kenya Shoe and Leather Workers Union v Kenafric Industries Limited [2019] KEELRC 1526 (KLR)
✦ The claimant's case is without merit as the respondent complied with the agreement. The claim is dismissed.
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Eliud Gatungu Wanjohi & 3 others v Kenya Railways Corporation [2019] KEELRC 1640 (KLR)
✦ The Court finds in favor of the Respondent, dismissing the claims due to the application of the Kenya Railways Corporation Staff Regulations.
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Lilian Syombua Ndetema v Sana Industries Company Limited [2019] KEELRC 1610 (KLR)
✦ The application is dismissed with no order as to costs.
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Edward Wasike Nachami v Lake Institute of Tropical Medicine [2019] KEELRC 1532 (KLR)
✦ The court finds the termination unlawful and unfair, and awards compensation including arrears, notice pay, leave pay, severance pay, and compensation for losses.
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Communication Workers Union (Kenya) v Telkom Kenya Limited [2019] KEELRC 1570 (KLR)
✦ The Court found the grievant's summary dismissal to be wrongful.
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Abednego Musyoki Wambua v Prideinn Hotels And Investments Limited [2019] KEELRC 1500 (KLR)
✦ The claimant's service was terminated due to frequent absenteeism without lawful cause, and the claim is dismissed.
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Justus Ombui Maganga v Metal Cans and Closures (K) Limited [2019] KEELRC 1487 (KLR)
✦ The court awards the claimant one month's salary in lieu of notice, six months' salary for unfair termination, service pay for 15 days each complete year of service, and costs of the suit.
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Rusiah Misesi v Eagle Heights Afrika (K) [2019] KEELRC 1614 (KLR)
✦ The claimant's employment contract lapsed on 18.7.2014, and she was not wrongfully dismissed. The court grants her salary for the period ending 21.12.2013 and cash for leave accrued from 2.12.2012 to 18.7.2014.
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Monica Imali Muliango v Catherine Masaka [2019] KEELRC 1513 (KLR)
✦ The court orders respondent to deposit Kshs 323,138.51 in court as security for judgement in favour of claimant.
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Kenya Hotels and Allied Workers Union v Golden Jubilee Ltd t/a Crown Plaza Nairobi [2019] KEELRC 1671 (KLR)
✦ The claimant trade union has the necessary locus standi to file the suit. The purpose of recognition under the Labour Relations Act is to pave way for collective bargaining, not for representation or initiation of a trade dispute.
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Chrispus Wambua Mutali v Seyani Brothers And Company (K) Limited [2019] KEELRC 1658 (KLR)
✦ The Court finds the termination unfair and awards the claimant 12 months' salary in compensation, one month's salary in lieu of notice, severance pay, and 8 years of unpaid leave.
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Samuel Kithome (Member) & 4 others v Registrar of Trade Unions; Transport Workers Union Kenya (Interested Party) [2019] KEELRC 1471 (KLR)
✦ The appeal is dismissed with costs as the Registrar of Trade Unions properly exercised its powers under the constitution to disband the Airport Branch of the Transport Workers Union Kenya due to lack of membership.
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Lucy Njeri Mugwere v Kenneth Majau Mugambi & another [2019] KEELRC 1477 (KLR)
✦ The court finds the termination unfair and awards the claimant Kshs. 291,000/= as compensation for unfair termination of service.
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Mohammed Khamis Hemed v Almasi Beverages Limited [2019] KEELRC 1651 (KLR)
✦ The court finds that the dismissal was unlawful, wrongful, unconstitutional, and irregular. The treatment of the claimant was inhumane and cruel. The claimant is entitled to a declaration, damages, and a certificate of service.
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Paul Methu Mbuchi & another v CIC General Insurance Limited [2019] KEELRC 1456 (KLR)
✦ The court finds the summary dismissal of the claimants to be unfair and orders compensation for lost wages and costs.
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Kioki Musyoki & another v Kibe Muigai Holdings Limited [2019] KEELRC 1493 (KLR)
✦ The court orders the respondent to pay the claimants one month's salary in lieu of notice, salary arrears, and six months' salary compensation for unlawful termination.
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Kenya Hotels and Allied Workers Union v Clement Nganga Kamau & another [2019] KEELRC 1589 (KLR)
✦ The Court finds the termination unfair and unlawful, and awards compensation and severance pay to the employees.
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Mary Gathoni Wanjiku v New Landmarc Medical Laboratories Limited [2019] KEELRC 1587 (KLR)
✦ The Court finds that the parties were in a contract of service and employment relationship. The claimant's employment was not unfairly terminated. The claimant is liable to pay the respondent a sum of Kshs. 223,800.00.
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Naftali Nyandara Omwoyo v Ministry of Transport, Infrastructure, Housing and Urban Development State Department of Infrastructure & 2 others [2019] KEELRC 1442 (KLR)
✦ The application is therefore disallowed.
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Mutoka v Judicial Service Commission (Judicial Review 24 of 2017) [2019] KEELRC 1459 (KLR) (17 May 2019) (Judgment)
✦ The court quashes the decision of the respondent dismissing the applicant from judicial service
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Robert Yohana Siahi v Inchcape Shipping Services (Dubai) LLC [2019] KEELRC 1449 (KLR)
✦ The court strikes out the suit and orders costs, as the contract does not admit of the jurisdiction of the Kenya courts and the respondent is a Dubai-based company.
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Simon Lianda Makheti v Wells Fargo Limited [2019] KEELRC 1506 (KLR)
✦ The application is dismissed without merit