Kenyan case law
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Mathenge & 16 others v Youth Enterprise Development Fund (Cause 6544 of 2020) [2024] KEELRC 2027 (KLR) (2 August 2024) (Ruling)
✦ The court recuses itself and orders the claim to be reassigned to another judge
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Mabuka v Speaker, Busia County Assembly & another (Petition E003 of 2024) [2024] KEELRC 2036 (KLR) (1 August 2024) (Ruling)
✦ The Court grants an interim conservatory order to restrain the respondents from terminating the Petitioner's contract and recruiting any other person as Clerk of the Busia County Assembly.
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Lagat v Springboard Capital Limited (Cause E579 of 2023) [2024] KEELRC 2005 (KLR) (1 August 2024) (Judgment)
✦ The Court finds the termination procedurally fair and substantively justified, dismissing the claim.
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Peter v Jei Stores Limited (Cause E6477 of 2020) [2024] KEELRC 2008 (KLR) (1 August 2024) (Judgment)
✦ The Court held that the termination was unlawful and unfair, and ordered compensation for the Claimant.
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Kenya Union of Hair & Beauty Workers v Style Industries Limited (Cause 450 of 2018) [2024] KEELRC 2020 (KLR) (1 August 2024) (Judgment)
✦ The Court found in favor of the Claimant Union, awarding compensation and damages for wrongful termination and violation of constitutional and statutory rights.
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Wayiera v Standard Chartered Bank Kenya Ltd (Employment and Labour Relations Cause 2366 of 2016) [2024] KEELRC 2161 (KLR) (31 July 2024) (Judgment)
✦ The Court held that the dismissal was not fair and ordered the Respondent to pay the Claimant the reliefs sought.
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Mistry Naran Mulji and Company v Chengo (Employment and Labour Relations Appeal E042 of 2023) [2024] KEELRC 2049 (KLR) (31 July 2024) (Judgment)
✦ The Respondent was found to be a regular employee of the Appellant, and his employment was not unfairly terminated.
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Alubala v Zhongiao Third Highway Engineering EA Company limited (Cause E895 of 2023) [2024] KEELRC 2072 (KLR) (31 July 2024) (Ruling)
✦ The court finds that the Respondent has not demonstrated an inclination to arbitration before filing the suit and is estopped from relying on the arbitration clause. The suit is not referred to arbitration.
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Rotich v Kenya Women Microfinance Bank PLC (Cause E583 of 2022) [2024] KEELRC 2141 (KLR) (31 July 2024) (Judgment)
✦ The Court found that the Respondent's actions, including unilateral changes to employment terms, withdrawal of allowances, and transfer during maternity leave, made the employment environment so hostile that the Claimant had no choice but to resign.
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Rigera & another v BOM Munithu Girls Secondary School (Cause E008 & E012 of 2023 (Consolidated)) [2024] KEELRC 2136 (KLR) (31 July 2024) (Judgment)
✦ The Court held that the dismissals were unfair and unlawful.
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Kibui & 3 others v Kirinyaga Construction Company Limited (Cause 215 of 2017) [2024] KEELRC 2070 (KLR) (31 July 2024) (Judgment)
✦ The court finds that the termination of employment was not unfair and declines the claims for pay in lieu of notice and salary arrears.
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Ondora v Makori & 6 others (Being sued as the registered officials/leaders of the Seventh-Day Adventist Church, East Kenya Union Conference (E.K.U.C), Home Health Education Service) (Employment and Labour Relations Cause 346 of 2017) [2024] KEELRC 2068 (KLR) (31 July 2024) (Judgment)
✦ The Claimant's employment was not unfairly terminated.
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Wakahia v Echo Network Africa (Petition E065 of 2022) [2024] KEELRC 1989 (KLR) (31 July 2024) (Ruling)
✦ Application for stay of proceedings is declined with costs to the Petitioner
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Isack v Kesom Freight International (Cause E035 of 2022) [2024] KEELRC 2149 (KLR) (31 July 2024) (Judgment)
✦ The Claimant is awarded kshs. 498,462 in salary arrears, unpaid leave days, and service pay
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Korir v Mosonik (Employment and Labour Relations Cause 006 of 2023) [2024] KEELRC 2051 (KLR) (31 July 2024) (Judgment)
✦ The court found that the claimant did not establish and prove that there was an employment relationship between the respondent and the claimant.
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Kisuya v Necst Motors Kenya Limited (Cause E010 of 2023) [2024] KEELRC 1979 (KLR) (31 July 2024) (Judgment)
✦ The Court declares the termination unfair and awards the claimant Kshs.7, 941,286.00 less PAYE by 01.10.2024.
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Republic v Odege (Secretary General, Union of Kenya Civil Servants) & 3 others; Odhiambo (Exparte) (Judicial Review E013 of 2023) [2024] KEELRC 2132 (KLR) (31 July 2024) (Ruling)
✦ The court granted leave to apply for judicial review orders.
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Kenya Union of Commercial Food and Allied Workers v Jetlack Food Limited (Cause 664 of 2019) [2024] KEELRC 2001 (KLR) (31 July 2024) (Ruling)
✦ The court denied the motion for review, vacate, vary, or set aside the judgment.
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Odhiambo v Black Tulip Flowers Limited (Employment and Labour Relations Cause E019 of 2020) [2024] KEELRC 2052 (KLR) (31 July 2024) (Judgment)
✦ The dismissal of the claimant by the respondent was unfair, wrongful, and unlawful.
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Kamau v Del Monte Kenya Limited (Cause 1070 of 2018) [2024] KEELRC 1985 (KLR) (31 July 2024) (Judgment)
✦ The Court found the termination of the Claimant's employment to be lawful and fair, and denied her claims for compensation.
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Kunga v Credit Bank PLC (Cause E555 of 2023) [2024] KEELRC 2142 (KLR) (31 July 2024) (Ruling)
✦ The Claimant's application is disallowed as it is vague and seeks to violate privacy and data protection laws.
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Makomboki Tea Factory Limited v Mwaura (Miscellaneous Application E002 of 2024) [2024] KEELRC 2145 (KLR) (31 July 2024) (Ruling)
✦ The Court lacks jurisdiction to grant the orders sought and strikes out the application.
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Malde v Mutsimoto Motors Limited (Employment and Labour Relations Cause 19 of 2020) [2024] KEELRC 2131 (KLR) (31 July 2024) (Ruling)
✦ The court remits the bill of costs back to the taxing mistress to consider the omitted items and re-tax the bill accordingly, bearing in mind the agreement of the parties.
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Kenya Building and Construction, Timber and Furniture Industries Employees Union v Timsales Limited (Cause E029, E030 & E031 of 2021 (Consolidated)) [2024] KEELRC 2130 (KLR) (31 July 2024) (Ruling)
✦ Allow stay orders on condition that the entire decretal sum be deposited in an interest earning account held in joint names of counsels within 90 days
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Agure & 6 others v Kenya Railways Corporation & 7 others (Employment and Labour Relations Petition E049 of 2024) [2024] KEELRC 2144 (KLR) (31 July 2024) (Ruling)
✦ The prayers in the notice of motion are not merited and are all dismissed.