Kenyan case law
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Peter Maina Gachigi v Chinga Tea Factory Ltd [2020] KEELRC 1648 (KLR)
✦ The court finds that the question of liability is not up for determination and awards general damages of Kshs 400,000/-.
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Peter Mbithi Mutia v Jubilee Insurance Company of Kenya Ltd [2020] KEELRC 1650 (KLR)
✦ The termination of the Claimant's employment was unfair due to the Respondent's failure to prove the reason(s) for termination as valid and fair.
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Geoffrey Machungo Mageto v Royal Group Industries (K) Limited [2020] KEELRC 1558 (KLR)
✦ The court finds the termination wrongful and orders the respondent to pay the claimant compensation of Ksh.150,000.
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Paul Mutua Mang’eng’e v New Kimutwa Butchery Limited [2020] KEELRC 1654 (KLR)
✦ The court found the claim unequivocally pleaded that the cause of action arose in 2009, and thus the claim is not statute barred.
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Noor Mohamed v Red Court Hotel Limited t/a Boma Hotels [2020] KEELRC 1640 (KLR)
✦ The termination of claimant's employment was procedurally illegal and unlawful
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John Kipkurgat Sang v Board of Management Kerotet Girls High School [2020] KEELRC 1896 (KLR)
✦ The termination was found to be unfair and the court ordered compensation for one month's salary, 14 days' leave pay, two months' compensation for unfair termination, and costs.
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Kenya Union of Commercial Food and Allied Workers v New Yako Supermarket [2020] KEELRC 1899 (KLR)
✦ The court directs the respondent to permit the claimant to access its premises for recruitment of unionisable members and eventual signing of a recognition agreement.
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Chris Ngaira Isabwa v Postal Corporation of Kenya [2020] KEELRC 1639 (KLR)
✦ The termination of the claimant's employment was found to be unfair and un-procedural. The claimant is entitled to compensation and one month's salary in lieu of notice.
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Raphael Kimathi Kamuyu & 5 others v Afya Restaurant Limited & 2 others [2020] KEELRC 1634 (KLR)
✦ The claim will proceed against the 1st Respondent alone, and the 2nd and 3rd Respondents are not proper parties.
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Albert Aki Malongo v Chemelil Sugar Company [2020] KEELRC 1652 (KLR)
✦ Judgment in favor of the claimant for a sum of Kshs. 3,935,354 in respect of unpaid salary for 5 months and 22 days, 3 months salary in lieu of notice and gratuity payment at the rate of 31% of annual basic salary for 1 year and 10 months.
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Ogwara v Judicial Service Commission (Cause 53 of 2016) [2020] KEELRC 1647 (KLR) (13 February 2020) (Ruling)
✦ The court strikes out the suit and the amended suit for want of jurisdiction due to the suit being filed outside the three-year limitation period.
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Peter Mbuthia Gitau v Kenya Revenue Authority [2020] KEELRC 1643 (KLR)
✦ The court granted a stay of execution pending the hearing and determination of the application.
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Bakery, Confectionery, Food Manufacturing & Allied Industries v Bafagih Bakeries [2020] KEELRC 1637 (KLR)
✦ The Court found that the Respondent is the same entity as Bafagih Bakeries and that the Recognition Agreement and CBA remain binding. The Court ordered the parties to sign a fresh CBA with the proposed amendments and for the Respondent to provide its Certificate of Incorporation if any.
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Esther Achwo Wanjohi v Athinai Estate Limited [2020] KEELRC 1901 (KLR)
✦ Employment termination was fair due to operational reasons and no notice pay or severance pay is due
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John K Kalasinga & 2 others v Moi University [2020] KEELRC 1898 (KLR)
✦ The Court ordered the interim injunction to remain in force pending the full trial.
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Monica A. Otieno and 32 others v Jaramogi Oginga Odinga University of Science and Technology & another [2020] KEELRC 1651 (KLR)
✦ The application to benefit from the judgment of the court is dismissed as it is misconceived and an abuse of court process. The judgment is implemented as per the original order.
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Julius Eshitoli Waka v Total Kenya Limited [2020] KEELRC 1617 (KLR)
✦ The Court found that the Bon Voyage Fuel Card contract was not independent of the Claimant's employment contract and that the Claimant's summary dismissal was fair and lawful. The Claimant is not entitled to the reliefs sought.
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Robinstone Otieno Okeyo v Mega Pack (K) Limited [2020] KEELRC 1551 (KLR)
✦ The claims are found without merit and dismissed.
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Ronald Litunya Omutiti v Orpower 4, Inc [2020] KEELRC 1557 (KLR)
✦ The claimant was not unfairly terminated from his employment, and there were substantive reasons for the termination.
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Mwinyi Ahmed Mwinyi v Mara Concord Game Lodge t/a Leo Investment Limited & another [2020] KEELRC 1553 (KLR)
✦ Application to strike out 2nd Respondent is dismissed with costs to the claimant
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Kenya Union of Domestic, Hotels, Educational Institutions & Hospital Workers v Management, Magnolia Hotel [2020] KEELRC 1554 (KLR)
✦ The claims are found time barred and the suit is dismissed.
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Nderitu Kaguu Githae & 8 others v Lloita Hills Spring Limited & 2 others [2020] KEELRC 1556 (KLR)
✦ The ex parte judgment entered on 22 November 2018 is set aside, and Iovanna Mesopir is substituted as the 2nd respondent. The respondents are ordered to deposit the judgment sum within 21 days.
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Collins Wanjala Lukorito v Midal Group (K) Limited [2020] KEELRC 1550 (KLR)
✦ The termination of employment was unfair and unlawful.
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Jeremiah Osachi Kolwa v Bhogals Autoworld Limited [2020] KEELRC 1561 (KLR)
✦ The court finds no case of unfairness and dismisses the claim for terminal benefits.
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Jones Ongaga Monyoncho & another v Riley Falcon Security Service Limited [2020] KEELRC 1565 (KLR)
✦ The suits are time barred and are hereby struck out