Kenyan case law
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Keiyo v Moi Educational Centre (Cause 104 of 2019) [2023] KEELRC 2378 (KLR) (28 September 2023) (Judgment)
✦ The claimant's dismissal was found to be unfair and unlawful.
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Odero v Guardian Coaches Limited (Cause 2467 of 2017) [2023] KEELRC 2382 (KLR) (28 September 2023) (Judgment)
✦ Employment terminated unfairly, notice pay awarded at Ksh. 20,000
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Riley Falcon Security Services v Okoth (Appeal E023 of 2022) [2023] KEELRC 2236 (KLR) (28 September 2023) (Judgment)
✦ The Court of Appeal found that the Respondent was not constructively dismissed and upheld the Trial Court's decision.
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Mwangi & 11 others v County Government of Nakuru & another (Cause 50 of 2017) [2023] KEELRC 2308 (KLR) (28 September 2023) (Judgment)
✦ The court found that the Claimants were not recruited by the Respondents and dismissed their claims.
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Nyang’ongo & another v Cabinet Secretary, Ministry of Education & 6 others (Petition E007 of 2022) [2023] KEELRC 2215 (KLR) (28 September 2023) (Ruling)
✦ The court will consider whether the petitioners complied with the requirements of the law as outlined in the Constitution of Kenya and Civil Procedure Rules.
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Karanja & 14 others v Nyandarua County Government & another (Employment and Labour Relations Cause 433 of 2016) [2023] KEELRC 2230 (KLR) (28 September 2023) (Ruling)
✦ The court ordered the respondents to show cause why contempt of court proceedings should not be commenced against them for the acts of contempt.
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Mesa v Gusii Mwalimu Sacco Society Ltd (Cause E043 of 2022) [2023] KEELRC 2238 (KLR) (28 September 2023) (Judgment)
✦ The termination was unfair due to procedural deficiencies
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Mwania v Master Platters Limited (Miscellaneous Application E133 of 2023) [2023] KEELRC 2252 (KLR) (28 September 2023) (Ruling)
✦ The court orders the adoption of the Director's award and grants the application. The Respondent is given 10 days to pay the sum of the award.
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Kenya Building Construction Timber Furniture Industries Employees Union v Asapura Company Limited (Cause 67 of 2019) [2023] KEELRC 2375 (KLR) (28 September 2023) (Judgment)
✦ The claim is dismissed as the court lacks jurisdiction due to the absence of an employment relationship.
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Onyiego v Robinson Security Limited (Cause 21 of 2016) [2023] KEELRC 2307 (KLR) (28 September 2023) (Ruling)
✦ The NTSC is set aside as it was issued in error within one year from the last action towards prosecuting the matter.
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Tole (Suing as the administrator of the Estate of Javan Shako) v Consolbase Limited & another (Cause 211 of 2017) [2023] KEELRC 2374 (KLR) (28 September 2023) (Judgment)
✦ The court finds the termination unfair and awards compensation, notice pay, and leave pay.
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Thuo v Samba Pharmaceuticals Limited (Cause 596 of 2016) [2023] KEELRC 2347 (KLR) (28 September 2023) (Judgment)
✦ The Employment and Labour Relations Court found that the termination of employment was unfair and awarded compensation at four months' gross salary, a certificate of service, and costs.
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Shine IT Limited v Mwalimu (Appeal E031 of 2021) [2023] KEELRC 2315 (KLR) (28 September 2023) (Ruling)
✦ The appeal was dismissed for want of prosecution due to the Appellant's failure to file a show cause affidavit within the stipulated time.
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Apex Vision Limited v Mutiso & 3 others (Employment and Labour Relations Appeal E163 of 2022) [2023] KEELRC 2287 (KLR) (28 September 2023) (Ruling)
✦ The Court grants a conditional stay of execution of the Decree/Judgment, requiring the applicant to pay half of the decretal sum to each respondent and deposit the balance in a joint account within 45 days.
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Ngatia & 5 others v University of Nairobi (Cause 1594 of 2014) [2023] KEELRC 2244 (KLR) (28 September 2023) (Judgment)
✦ The Claimants' claim fails and is dismissed.
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Okun v Kenyatta University (Cause 363 of 2019) [2023] KEELRC 2340 (KLR) (28 September 2023) (Judgment)
✦ The court finds that the due process was adhered to and the sanction of summary dismissal was justifiable. The claimant's case of unfair labour practices and discrimination is dismissed.
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Universities Academic Staff Union (Pwani University Chapter) v Pwani University; Universities Academic Staff Union (UASU) (Interested Party) (Petition E004 of 2023) [2023] KEELRC 2377 (KLR) (28 September 2023) (Judgment)
✦ The court finds the CBA dated 10 May 2017 enforceable and orders the respondent to continue paying the petitioner's members their full salary until the retirement age of 75 years.
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Kamanga v Bata Shoe Company (K) Limited (Cause 1183 of 2018) [2023] KEELRC 2339 (KLR) (28 September 2023) (Judgment)
✦ The summary dismissal was found to be unfair due to the lack of due process
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Thelocal Authorities Provident Fund Board v County Government of Mombasa & another (Cause E047 of 2021) [2023] KEELRC 2303 (KLR) (28 September 2023) (Judgment)
✦ The court finds in favor of the claimant, ordering the respondents to remit statutory deductions to the claimant's account.
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Ngure v Sendy Limited (Cause 497 of 2018) [2023] KEELRC 2341 (KLR) (28 September 2023) (Judgment)
✦ The court finds the employment terminated unfairly and awards compensation at Ksh 390,000, pay for 5 days in December 2017 at Ksh 65,000, and each party to bear own costs.
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Ngumbao v Carslake Nominees Limited t/a Diani Sea Resort (Cause E101 of 2021) [2023] KEELRC 2342 (KLR) (28 September 2023) (Judgment)
✦ The court finds the dismissal to be unfair and orders the respondent to pay the claimant notice pay, bonus, and compensation for wrongful dismissal.
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Shine it Limited v Piru (Appeal E030 of 2021) [2023] KEELRC 2285 (KLR) (28 September 2023) (Ruling)
✦ The appeal was dismissed for want of prosecution.
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Fontana Limited v Okumu (Miscellaneous Application E026 of 2023) [2023] KEELRC 2240 (KLR) (28 September 2023) (Ruling)
✦ The court grants a stay of execution pending the appeal, subject to Fontana Limited paying Kshs.105,126/= within 14 days and the appeal being filed within 14 days.
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Omoit v County Secretary, Busia County Government & 3 others; Public Service Commission (Interested Party) (Constitutional Petition E010 of 2023) [2023] KEELRC 2233 (KLR) (28 September 2023) (Ruling)
✦ The court held that the court lacks jurisdiction to entertain the petition and application as the Public Service Commission, the interested party, has the mandate to hear and determine the issues raised in the petition.
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Mbuthu v De La Rue Currency and Security Print Limited (Cause 969 of 2017) [2023] KEELRC 2217 (KLR) (28 September 2023) (Ruling)
✦ The claimant's application for security is dismissed with costs.