Kenyan case law
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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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Mutuku v Total Kenya PLC (Cause 7 of 2020) [2024] KEELRC 2150 (KLR) (31 July 2024) (Judgment)
✦ The Court held that the termination of the Claimant's employment was unfair due to a lack of procedural fairness.
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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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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.
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Hakim Transport Services Limited v Aroko (Appeal E079 of 2023) [2024] KEELRC 1993 (KLR) (31 July 2024) (Judgment)
✦ Termination of the Respondent’s employment was substantively and procedurally unfair, and the award of the equivalent of ten months’ salary as compensation for unfair termination of employment is upheld.
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Mwithi (Legal Representative of the Estate of the Late Amos Mutegi Muchunku Nduyo) v St. Martins Girls Secondary School (Cause 1920 of 2017) [2024] KEELRC 2002 (KLR) (31 July 2024) (Judgment)
✦ The court found the termination unlawful and ordered the employer to pay one month's salary in lieu of notice, equivalent of 4 months gross salary, and to hand over the deceased's personal effects.
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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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Rotich v County Public Service Board, Narok County & 3 others; Koech & 7 others (Interested Parties) (Petition E022 of 2023) [2024] KEELRC 1980 (KLR) (31 July 2024) (Judgment)
✦ The court finds the petition merited and allows it, declaring the subsequent appointment of the 1st to 4th Interested Parties as Ward Administrators illegal, invalid, and void. It orders the quashing of their appointments and reinstates them to their positions.
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Morara Omoke t/a Morara Omoke Advocates v Board of Trustees, Kenya Broadcasting Corporation (KBC) Staff Retirement Benefits Scheme (Sued on Behalf of the Scheme) (Miscellaneous Review Application E002 of 2024) [2024] KEELRC 2071 (KLR) (31 July 2024) (Ruling)
✦ The application is dismissed as it is an abuse of the court process and the principle of res judicata prevents the filing of additional documents.
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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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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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Maundu v Lexo Energy Kenya Limited (Cause E094 of 2024) [2024] KEELRC 1988 (KLR) (31 July 2024) (Ruling)
✦ The Claimant's application for a conservatory order is declined with costs.
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Muthengi v Kenyatta National Hospital Board (Cause 384 of 2018) [2024] KEELRC 2139 (KLR) (31 July 2024) (Judgment)
✦ The Claimant's dismissal was found to be unlawful and unfair.
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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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Otieno v Rhs Freight Services (K) Ltd (Cause 490 of 2019) [2024] KEELRC 2138 (KLR) (31 July 2024) (Judgment)
✦ The Court found that the Claimant has not proved a case of constructive dismissal.
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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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Kenya Union of Pre-Primary Education Teachers v County Public Service Board, Vihiga County Government & another; Salaries and Remuneration Commission (Interested Party) (Cause E007 of 2024) [2024] KEELRC 2096 (KLR) (31 July 2024) (Ruling)
✦ The Court found that KUNOPET lacks the required legal capacity to represent ECDE teachers and declared the strike unlawful.
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Ng’ang’a v Sinopec International Petrolium Services Corporations Limited (Employment and Labour Relations Appeal 57 of 2017) [2024] KEELRC 1978 (KLR) (31 July 2024) (Ruling)
✦ The court reviews its judgment and indicates that costs of the appeal and of the lower court will be borne by the Respondents and interest be paid with effect from the date of the lower court's judgment.
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Karanja & another (t/a Mirugi Kariuki & Co. Advocates) v Kabue (Civil Appeal E009 of 2024) [2024] KEELRC 2000 (KLR) (31 July 2024) (Ruling)
✦ The court orders a stay of proceedings in Nakuru CM ELRC No. E160 of 2023 pending the hearing and determination of the appeal.
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Peter v Volcan Holdings Limited (Cause 1080 of 2015) [2024] KEELRC 1986 (KLR) (31 July 2024) (Ruling)
✦ The Respondent's application is disallowed with costs to the Claimant
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Kulundu v Chief Executive Officer, Independent Electoral and Boundaries Commission & 9 others (Petition E170 of 2022) [2024] KEELRC 2143 (KLR) (31 July 2024) (Ruling)
✦ The costs of the application will be costs in the appeal.
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Seii v LVCT Health (Cause 1452 of 2017) [2024] KEELRC 2162 (KLR) (30 July 2024) (Judgment)
✦ The termination of the Claimant’s employment was unfair.
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Mochama v Kenya Nut Company Limited (Cause 2348 of 2017) [2024] KEELRC 1990 (KLR) (30 July 2024) (Ruling)
✦ The court rectified the judgment to include the specific amounts requested by the Claimant.
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Muliango v Masaka (Cause 989 of 2018) [2024] KEELRC 2147 (KLR) (30 July 2024) (Ruling)
✦ The court dismissed the application to review the decision of the Taxing Officer as the Applicant did not object to the decision on the grounds of excessive costs and not drawn to scale.
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Republic v Teachers Service Commission & 3 others; Lengoyiap & 2 others (Exparte) (Judicial Review E001 of 2024) [2024] KEELRC 2137 (KLR) (30 July 2024) (Judgment)
✦ The court holds that the suit does not offend the doctrine of exhaustion and that the applicants have laid sufficient basis to warrant judicial review orders.