Kenyan case law
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Lucy Muthoni Gakuo & another Lela v Green Future Limited [2015] KEELRC 1198 (KLR)
✦ The court found in favor of the claimants on all issues and ordered the respondent to pay the claimed amounts.
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Cyrus Kioko & 48 others v Wells Fargo Limited [2015] KEELRC 1477 (KLR)
✦ Interim Preservatory Order to stop dismissal and declare suspension pending final hearing
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Maxwell Odede & Peter Mulu v Mabati Rolling Mills Limited (Cause 2126 of 2011) [2015] KEELRC 1234 (KLR) (Employment and Labour) (2 February 2015) (Judgment)
✦ The Court dismissed the Claimants' suit, finding that the Claimants were not employed by Respondent from 1973 and 1982, and thus not entitled to the claimed benefits.
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Paul Oyuga Oriaro v Barclays Bank of Kenya [2015] KEELRC 1213 (KLR)
✦ The Court grants the enlargement of time for the Applicant to file the claim
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Meshack M. Saboke v Chairman Board Of Directors (National Water Conservation & Pipeline Corporation) & 2 others [2015] KEELRC 1497 (KLR)
✦ The Corporation had authority to discipline and terminate the Claimant's services. The termination was guided by the contract document and staff rules and regulations. The fixed term contract severed the previous employment relationship between the Claimant and the 2nd Respondent, except for the payment of terminal benefits, including pension. The 1st and 2nd Respondents are liable to compute and pay the previous terminal dues.
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Mary Anne Waceke Karongo v Outdoor Foods & Beverages Limited & 2 others [2015] KEELRC 1498 (KLR)
✦ Claimant is awarded Kshs.332,307.69 in total, including compensation for unfair termination, payment in lieu of leave days, and arrears.
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John Kimani Mwega v Central Bank of Kenya & another [2015] KEELRC 1503 (KLR)
✦ The Court declines to compel the Claimant to be cross-examined.
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Mary Wanjiku Muchina v Riverdale Blooms Limited [2015] KEELRC 1237 (KLR)
✦ The orders of dismissal of the suit for non-attendance are set aside
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Chemilil Sugar Company Ltd & 2 others v Kenya Union of Sugar Plantation and Allied Workers; Salaries and Remuneration Commission (Interested Party) (Cause 1882 of 2014) [2015] KEELRC 1493 (KLR) (28 January 2015) (Ruling)
✦ The application is dismissed with costs as the applicant has not demonstrated any case to merit stay or setting aside the ruling delivered by the Court on 27th November, 2014.
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Churchill Ongalo v Kenya Kazi Security Services Limited [2015] KEELRC 1495 (KLR)
✦ The application is dismissed as no substantive claim has been filed regarding the redundancy declarations.
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Edwin Ndolo Silla v Colour Packaging Limited [2015] KEELRC 1501 (KLR)
✦ The Claimant was unlawfully and unfairly dismissed and awarded compensation and benefits.
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Joseph Maingi Maitha v Permanent Secretary Ministry Of Medical Services & another [2015] KEELRC 1509 (KLR)
✦ The Court finds that the Claimant's dismissal was procedurally unfair and converts the summary dismissal to a normal termination, directing the Respondents to pay all terminal benefits and award the Claimant compensation for unfair dismissal.
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Kenya National Union of Nurses v Kenyatta National Hospital Board & 3 others [2015] KEELRC 1491 (KLR)
✦ Preliminary objections are not upheld with costs in the cause.
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Cliff Omanga Ontita v Teachers Service Commission [2015] KEELRC 1536 (KLR)
✦ The court dismissed the claimant's reinstatement and salary payment claims, but ordered the respondent to refund the claimant the sum of Kshs 35,307.30 for salary overpayment.
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Edwin Omondi Achwada v Tandu Alarm Systems Ltd [2015] KEELRC 1533 (KLR)
✦ The claimant was found to have been lawfully dismissed for gross misconduct and the claim is dismissed.
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David Mokaya Mogere v Rev. Fr. Dennis Rogena M. Ondieki & 3 others [2015] KEELRC 1227 (KLR)
✦ The Court found in favor of the Claimant on some claims and dismissed others.
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Alfred Litungiru Uikimu Alias Vulimu v Hally's Footwear & another [2015] KEELRC 1537 (KLR)
✦ The claimant's termination was not illegal, unlawful, and unfair. The claimant is not entitled to payment of terminal dues and damages.
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Kenya National Private, Security Workers Union v Thomas Ochieng Alloyce [2015] KEELRC 1535 (KLR)
✦ The application is dismissed with costs and the matter is placed before the Deputy Registrar for taxation.
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Domitilla Mbatha Mutuku v Capital Bridges Investment Ltd [2015] KEELRC 1541 (KLR)
✦ The claimant's termination was not unlawful and the respondent offered her terminal benefits. The claimant's claim for compensation and other benefits is dismissed.
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Donald C. Avude v Kenya Forest Service [2015] KEELRC 1472 (KLR)
✦ The disciplinary process against the claimant is lifted, and he is directed to resume duty at his station in Lamu within 7 days from the date of this ruling.
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Peter Kangethe Kamau v Telkom Kenya [2015] KEELRC 1512 (KLR)
✦ The Claimant's claim is dismissed as it arises from a cause of action before the commencement of the Employment Act, 2007. The Court finds no basis for damages for unfair termination and dismisses the claims for notice pay, severance pay, and leave pay.
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Mercy Mwende Kivundu v S. N. Anjichi - as the Secretary & Executive Director of Kenya Institute of Bankers [2015] KEELRC 1532 (KLR)
✦ The court found that the termination was not in accordance with the Employment Act and ordered the respondent to pay the claimant notice, 3 months maternity leave pay, unpaid leave, severance pay, and 12 months salary as compensation.
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Julius Chelimo Kaino v Kenya Revenue Authority [2015] KEELRC 1505 (KLR)
✦ The Court overrules the preliminary objection and directs that the suit proceeds to full trial on merit.
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Communication Workers Union & another v Communication Authority Of Kenya [2015] KEELRC 1225 (KLR)
✦ The Court dismissed the preliminary objection filed by the Respondent.
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Kazungu Ngumbao Jeremiah & 3 others v Attorney General & 2 others [2015] KEELRC 1519 (KLR)
✦ The Court found that the Petitioners were not entitled to a hearing before interdiction as the Employment Act, 2007 does not provide for such a right for Police Service officers.