Kenyan case law
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Kudheiha Workers v Giddie Majit [2016] KEELRC 242 (KLR)
✦ The suit is allowed to be heard on its merits as the preliminary objection is dismissed.
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Patrick Aduka Ahiti v Govinda & Sons (K) Ltd [2016] KEELRC 247 (KLR)
✦ The claimant was an employee of the respondent, the termination was unlawful and unfair, and the claimant is entitled to compensation and terminal benefits.
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Kudheiha v Orthodox Archbishopric of Kenya and Irinoupolis [2016] KEELRC 248 (KLR)
✦ The court dismissed the preliminary objection regarding the union's capacity to act for the grievant. The court found that the grievant was an employee of the respondent and that the summary dismissal was for a valid reason and in terms of a fair procedure.
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Republic v The Registrar, the Nursing Council of Kenya (Edna C. Tallam-Kimaiyo) & 4 others Ex-ParteUnion of Kenya Civil Servants & another [2016] KEELRC 246 (KLR)
✦ The application is dismissed with no order as to costs.
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Dominic Arnold Liandaro & another v Three Ways Shipping Services Ltd [2016] KEELRC 113 (KLR)
✦ The termination was found unfair due to lack of evidence of fraud and failure to follow fair procedure.
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Abdikadir Suleiman v County Government of Isiolo & another [2016] KEELRC 243 (KLR)
✦ The court found the dismissal to be unfair and unlawful, but declined to order reinstatement due to the claimant's new employment. The court awarded the claimant 10 months' gross pay as general damages.
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Abdi Mohammed Daib v Kenya Ports Authority [2016] KEELRC 217 (KLR)
✦ The suit is dismissed. Each party to bear his or her own costs.
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Kenya Engineering Workers Union v Kenya Marine Contractors EPZ [2016] KEELRC 256 (KLR)
✦ Redundancy was based on valid reasons but flawed on fairness of procedure. The Respondent is allowed to go on with the process while avoiding procedural missteps.
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Patricia Wangui Munene v Equity Bank Limited [2016] KEELRC 262 (KLR)
✦ The Claimant's application for review is dismissed with no order for costs.
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Kenya Chemical & Allied Workers Union v Reliance Plastics Limited [2016] KEELRC 235 (KLR)
✦ The Court finds that the Union has met the statutory threshold for recognition and orders the Respondent to grant recognition and commence deducting and remitting monthly dues.
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Kenya Union of Domestic Hotels, Education Institutions, Hospital and Allied Workers v Lukhokho Secondary School [2016] KEELRC 151 (KLR)
✦ The court finds and holds that the Kenya Union of Domestic Hotels, Education Institutions, Hospital and Allied Workers is the proper union for the employees of Lukhokho Secondary School and is qualified to be recognised by the school.
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Bilha Fwende Masinde v Sibumba Farmers Co-operative Society Limited [2016] KEELRC 107 (KLR)
✦ Respondent is directed to produce records of payment of Claimant's salary and allowances for 12 months preceding the termination of her employment within 30 days.
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Kefah Rabah v Jaramogi Oginga Odinga University of Science and Technology [2016] KEELRC 147 (KLR)
✦ The Claimant's allegation of constructive dismissal is dismissed. The Claimant is entitled to payment for September 2013 salary and the amount of Shs.76,190.40 for approved extra courses.
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Paul Ndungu Ndichu v Amos Mathenge Kabutha & 2 others [2016] KEELRC 211 (KLR)
✦ The application for stay of execution pending appeal is dismissed with costs to the Claimant.
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Brian Olunya Ambeta v Al- Khatri Transporters [2016] KEELRC 284 (KLR)
✦ The court finds that the termination was unfair and unjust.
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Phares Omondi Ochieng’ v Deacons Kenya Limited [2016] KEELRC 305 (KLR)
✦ Termination was valid but unfair due to flawed procedure
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Agnes Wanjiru Muthoni v King’uku & Company Limited [2016] KEELRC 166 (KLR)
✦ The termination was unfair due to lack of due process under section 41 of the Employment Act, 2007. The claimant is awarded one month pay of Kshs. 10, 200.00 in lieu of the termination notice and one month pay in lieu of annual leave (24 pending days) Kshs. 10, 200.00 as prayed for. She is also entitled to pay for November and October 2015 as prayed for and as admitted for the respondent making Kshs. 20, 400.00. The respondent is entitled to Kshs. 30,000.00 for the admitted liability.
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Abdulkader M. Musani v Flora Printers [2016] KEELRC 280 (KLR)
✦ The employment contract was terminated before it matured to the state of gaining the protection and safeguards under the Employment Act, thus the termination was proper but without proper notice or compensation.
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Lucy Wanja Ireri & another v Kenya Suitcase Manufacturers Limited [2016] KEELRC 347 (KLR)
✦ The claims are dismissed with no order on the costs.
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Peter Karogo v Babs Security Services Limited [2016] KEELRC 323 (KLR)
✦ The court awards the claimant Kshs. 57,399.50 in terminal dues and orders the respondent to pay the claimant's costs of the suit.
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Boniface Inondi Otieno v Mehta Electricals Ltd [2016] KEELRC 106 (KLR)
✦ The court finds the suit statute barred and strikes it out.
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Felix Barnabus Shikutwa v Ministry of State for Defence & 4 others [2016] KEELRC 228 (KLR)
✦ The court finds that the claimant was properly and lawfully de-commissioned from the Armed Forces and was lawfully returned to serve in the diocese of Kakamega.
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Bernard Shivachi Lidwaga v Regal Pharmaceuticals [2016] KEELRC 279 (KLR)
✦ The court finds that the claimant has proved on a balance of probability that he served the respondent continuously for a period of six (6) years from 20 August 2001 until 9 June 2008, and therefore was a permanent employee in terms of the law and ought to have been paid terminal benefits before being converted to a fixed term contract employee on 9 June 2008.
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Sammy Erick Njeru v Destaings Nyenyi Nyongesa & 6 others [2016] KEELRC 325 (KLR)
✦ The internal disciplinary process initiated by the Respondents against the Claimant shall proceed in accordance with the parameters set out in Section 41 of the Employment Act
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David Nganga Mwangi & 3 others v Vtechnologies Kenya Limited [2016] KEELRC 265 (KLR)
✦ The court found that the termination was not for a valid reason and was not in terms of a fair procedure.