Kenyan case law
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Joyce Nasumaye v DHL Exel Supply Chain (K) Limited [2021] KEELRC 1627 (KLR)
✦ The court found that the Respondent had not committed contempt of court and dismissed the application.
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Prisca Jepngétich v Generation Career Readiness Social Initiative Limited [2021] KEELRC 1672 (KLR)
✦ The Employment and Labour Relations Court (E&LRC) does not have transfer jurisdiction under the Civil Procedure Act. The claim should be heard in the Chief Magistrate's Court.
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Consolata Welega Luseno v Dennis W. Gould Musgrave [2021] KEELRC 1644 (KLR)
✦ The court found the termination of employment was not unlawful and awarded the claimant one month's salary in lieu of notice, 31.5 days' leave, and 6 days' pay for July 2003. The claimant was not entitled to gratuity.
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Bakery Confectionery Food Manufacturing and Allied Workers Union v Razco Limited [2021] KEELRC 1599 (KLR)
✦ The court held that the claims are statute barred due to the limitation period set by the Employment Act, 2007, and the conciliation process did not resolve the dispute within the required timeframe.
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Central Organisation of Trade Unions (COTU-K) & 5 others v Cabinet Secretary, National Treasury & 3 others; Federation of Kenya Employers (FKE) (Interested Party) [2021] KEELRC 1639 (KLR)
✦ The court held that the proceedings are not frivolous or vexatious and that costs should not be awarded in public interest litigation cases.
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James Gitau Kamau & 9 others v Habo Group of Companies Limited & another [2021] KEELRC 1676 (KLR)
✦ The Objector's application for review is declined with costs to the Claimants
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Research Foundation of Kenya v Patrisio Njiru Njeru; Stephen Njeru Chiengo (Objector/Applicant) [2021] KEELRC 1625 (KLR)
✦ The court dismisses the application and allows execution to proceed, costs to the claimant.
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Rose Sang Tarus v Barclays Bank of Kenya Limited [2021] KEELRC 1666 (KLR)
✦ The Court did not grant the stay of execution pending appeal.
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Reef Hotel Limited v Josephine Chivatsi [2021] KEELRC 1681 (KLR)
✦ The appeal is partially successful, with the awards for leave pay and public holidays set aside and replaced with Kshs. 14,306 for leave pay and Kshs. 9,952 for public holidays.
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John Charo Ngumbao v Leisure Lodge Limited t/a Leisure Lodge Resort [2021] KEELRC 1684 (KLR)
✦ The termination of Ngumbao's employment was not lawful and fair due to procedural violations.
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Eric Ooko Ambogo & another v Senok Limited [2021] KEELRC 1656 (KLR)
✦ Claim dismissed for want of prosecution; Applicants' application is dismissed as premised on falsehood
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Maghanga Newton Raphael v Panal Freighters Limited [2021] KEELRC 1686 (KLR)
✦ The termination was substantively and procedurally unfair, and the Claimant is entitled to compensation.
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Cleophas Omuga v Habo Group of Companies & another [2021] KEELRC 1679 (KLR)
✦ The Objector's application for review is declined with costs to the Claimant
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Joshua Siwa v Flamingo Horticulture [K] Limited [2021] KEELRC 1664 (KLR)
✦ The Court dismisses the Claimant's Application for urgent certification and priority hearing.
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Abdiaziz Sheikh Maad & 3 others v Governor, Mandera County & 2 others [2021] KEELRC 1680 (KLR)
✦ The petitioners' contempt proceedings are dismissed, and the respondents are ordered to properly compute and pay outstanding salary and gratuity.
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Edna Kalunde Mutinda v Francis Kalila Mwinzi & 2 others [2021] KEELRC 1675 (KLR)
✦ The suspension and replacement of the Claimant are valid and the application is dismissed.
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Chrispin Odhiambo v Kenya Power & Lighting Company Limited [2021] KEELRC 1674 (KLR)
✦ The application is dismissed as the applicant has not satisfied the requirements for grant of an injunction and the termination was lawful and fair.
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Eliud Wanjohi Gwandaru v Samuel Waita K & 11 others [2021] KEELRC 1617 (KLR)
✦ Petition dismissed with costs
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Mulaku Chekata Luke v Timesales Limited [2021] KEELRC 1598 (KLR)
✦ The preliminary objection is dismissed, and the Plaintiff's suit is allowed to continue.
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John Nyauma Ombati v Sotik Tea Co. Ltd [2021] KEELRC 1594 (KLR)
✦ Allow the appeal, allow the appellant to proceed and execute the decree and recover what is pending unpaid
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Patrick Mutua Mwanzia & 19 others v Habo Group of Companies Limited; HGC Habo Group Limited (Objector) [2021] KEELRC 1685 (KLR)
✦ The Objector's application for review is declined with costs to the Claimants
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Kanamai Timber & Hardware v Bernard Katuti [2021] KEELRC 1673 (KLR)
✦ The Appellant's application is disallowed with costs to the Respondent
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Barnabas K. Ngeno v County Assembly of Kericho & another [2021] KEELRC 1689 (KLR)
✦ The court confirms the interim orders and finds the impeachment process flawed, but allows the Respondents to institute free, fair, and transparent investigation and disciplinary processes.
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David Kipkemboi Lagat v Kipchabo Tea Factory Ltd [2021] KEELRC 1668 (KLR)
✦ The Court finds the Claimant is not entitled to any remedy on account of unfair termination of employment.
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Christine Songa v County Executive Committee Member Finance, County Government of Kakamega & 2 others; Local Authorities Provident Fund (Lapfund) & another (Interested Parties) [2021] KEELRC 1678 (KLR)
✦ The Court directs that this Petition be placed before the Principal Judge for further directions due to the overlap with other similar petitions in Nairobi.