Kenyan case law
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Loretta Kambe Mbogholi v Mwangola Estate Ltd [2016] KEELRC 1606 (KLR)
✦ The court finds that the claimant was forced to leave work before serving the whole notice period. The claimant is awarded salary for days worked in April 2014, accrued leave days, and underpaid salary. The respondent's counterclaim for hotel accommodation fee is dismissed.
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Philip Chege Karanja v MTN Business (K) Limited [2016] KEELRC 1465 (KLR)
✦ The Court finds that the termination of the Claimant's employment was devoid of any valid reason and was in contravention of the procedure set out in law and the Respondent's own Code of Conduct. The termination was therefore substantively and procedurally unfair.
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David Muriuki Ngare v Spin Knit Limited [2016] KEELRC 1650 (KLR)
✦ The Court directs that the Respondent's case will be taken whether the Claimant has or has not instructed an advocate on a date to be agreed immediately hereinafter.
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Caren Awino Ouko v Veterinary Golf Sports Club [2016] KEELRC 1653 (KLR)
✦ The claim is statute barred and the Memorandum of Claim is struck out.
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Benjamin Anaya Isaya v Bob Morgan Services Limited [2016] KEELRC 1591 (KLR)
✦ The Court finds the dismissal unfair and unlawful, and awards the Claimant 12 months salary as compensation for unlawful dismissal and 1 month salary in lieu of notice.
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Kiti Soso v Insight Management Consultants Ltd [2016] KEELRC 1551 (KLR)
✦ The dismissal was lawful and fair as the claimant was given a warning letter and an opportunity to be heard by his supervisor and HR manager.
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Lydia Pamela Nyagala v Royal Media Services Ltd [2016] KEELRC 1556 (KLR)
✦ The court dismissed the claim as time-barred under section 90 of the Employment Act, 2007.
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John Wanjala Wanyama v Wanandege Co-operative Savivings Sacco and Credit Society [2016] KEELRC 1555 (KLR)
✦ The termination was procedurally unfair and the employment contract did not allow for probation beyond 6 months.
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Kenya Airways Pilots Association v Kenya Airways Limited [2016] KEELRC 1547 (KLR)
✦ The application is dismissed as the Claimant has failed to comply with the procedural requirements of filing an application for review under Rule 32 of the Court Rules.
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David Onyango Okuku v Mini Bakeries (Nairobi) Limited [2016] KEELRC 1643 (KLR)
✦ The court found that the claimant was indeed an employee of the respondent and that his termination was unlawful, unfair, and unprocedural.
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Kenya Union of Commercial,Food and Allied Workers v Water Resource Management Authority & another [2016] KEELRC 1645 (KLR)
✦ The termination of employment was wrongful, unfair, and unlawful.
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Johana Kiplimo Kosgei v Mini Bakeries (Nairobi) Limited [2016] KEELRC 1646 (KLR)
✦ The court found that the claimant was not an employee of the respondent and dismissed the claim.
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Benson Odero Ayieye v National Bank of Kenya Limited [2016] KEELRC 1600 (KLR)
✦ Claimant was not an employee in the strict sense but was a caretaker. The Respondent must pay 1 month allowance as notice and 50,000/= exgratia payment for 12 years of service.
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Joseph Kipketer v SBI International Holdings Ag (KENYA) [2016] KEELRC 1679 (KLR)
✦ The court found the termination of employment to be wrongful, unfair, and unlawful.
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Mwanakombo Amani Omar v Kenya Knit Garments [Epz] Limited [2016] KEELRC 1680 (KLR)
✦ The Court finds no errors in the Trial Court's findings and dismisses the appeal.
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Mutia Muindu t/a Mutibra Auctioneers v CFC Stanbic Bank Ltd & 149 others [2016] KEELRC 1620 (KLR)
✦ The judge's recusal request is dismissed as there is no good reason shown. The transfer of the case to Nairobi is also dismissed as no good cause has been shown.
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Dock Workers Union v Kenya Ports Authority [2016] KEELRC 1617 (KLR)
✦ The Notice of Motion is struck out with costs.
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Boniventure Lubembe v Alba Petroleum Ltd [2016] KEELRC 1619 (KLR)
✦ The dismissal was fair and lawful due to the claimant's misconduct of desertion and refusal to report back to the office.
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Beatrice Osebe Joshua & 5 Others v Mills Industries Limited [2016] KEELRC 1671 (KLR)
✦ The Court found the termination of employment to be invalid and unjustifiable, and the termination was conducted without following a fair procedure. The claimants were awarded one month's salary in lieu of notice, leave and pro rata leave, service pay, and compensation for unfair termination of services.
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Boniface Muli Mukuni v Charles Ruguna T/A Miritini Meals Hotel [2016] KEELRC 1683 (KLR)
✦ Claimant is granted 1 month salary in lieu of notice at Kshs. 8,000 and 3 months’ salary for unfair termination at Kshs. 24,000 – total Kshs. 32,000 in satisfaction of the Claim.
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Kenya Union of Domestic, Hotels, Educational Institutions, Hospitals & Allied Workers v Rift Valley Institute of Science & Technology [2016] KEELRC 1670 (KLR)
✦ The Court dismisses the motion filed by KUDHEIHA and orders that the motion be dismissed with no order as to costs.
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Omwoyo Makiya Hebson v Ojode Udoto & Onjor Adv [2016] KEELRC 1628 (KLR)
✦ The claimant was not unfairly terminated, but the dismissal procedure was not fair.
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Eliazar Bulimo v Millie Fruit Processors Limited [2016] KEELRC 1698 (KLR)
✦ The Applicant's application fails and is dismissed with no order for costs.
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Abrahim Ndema & 2 others v Awanad Enterprises Limited [2016] KEELRC 1685 (KLR)
✦ The termination was found to be unfair, and the Respondent was ordered to pay the Claimants compensation and terminal dues as specified in the Statement of Claim.
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Rosephine Mumbe Munyoki & 4 others v Blue Edge Hotels Limited [Managing Soni Hotels & Apartments] & another [2016] KEELRC 1684 (KLR)
✦ The 2nd Respondent is not an Employer for the purposes of the Employment Act and cannot be held liable for the Claimants' claims.