Kenyan case law
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Republic v County Secretary Nyamira County Government & 3 others; Nyachiro t/a Nyachiro Nyagaka & Co Advocates (Exparte Applicant) (Judicial Review Application E028 of 2023) [2023] KEELRC 3428 (KLR) (19 December 2023) (Ruling)
✦ The ex parte Applicant is entitled to the reliefs sought, and an order of mandamus is granted.
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Shikuku v Childcare Worldwide Kenya and East Africa (Employment and Labour Relations Cause E019 of 2020) [2023] KEELRC 3373 (KLR) (19 December 2023) (Judgment)
✦ The termination was unfair and the claimant was awarded compensation and leave.
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Universities Academic Staff Union v University of Nairobi; Ouma (Interested Party) (Cause E700 of 2023) [2023] KEELRC 3368 (KLR) (19 December 2023) (Ruling)
✦ The subject matter of this claim is sub judice and the matter is withheld pending the final determination of Petition No E118 of 2021.
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Obungu & 3 others v Bandari Football Club (Cause E079, E080, E078 & E077 of 2023 (Consolidated)) [2023] KEELRC 3454 (KLR) (19 December 2023) (Judgment)
✦ The termination of employment was unfair and without just cause, and the claimants are entitled to remedies.
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Bridge International Academies Limited v Wasgongo (Appeal E045 of 2023) [2023] KEELRC 3462 (KLR) (19 December 2023) (Judgment)
✦ The court found that the dismissal was unfair and that the respondent was entitled to certain dues, but the appellant was not liable for the costs of the suit.
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Kitonga & 11 others v Shreeji Chemicals Limited & 2 others (Cause 370 of 2017) [2023] KEELRC 3457 (KLR) (19 December 2023) (Ruling)
✦ The application is dismissed, and each claimant shall pay Ksh.500 to the 1st respondent.
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Gathondeka v Attorney General (Ministry of Defence) & another (Cause 983 of 2014) [2023] KEELRC 3393 (KLR) (19 December 2023) (Ruling)
✦ The court orders the payment of kshs 822,505/- to the claimant, including underpaid salary, retirement benefits, house allowance arrears, and costs.
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Owiti v Usiku Entertainment Limited (Employment and Labour Relations Cause E075 of 2023) [2023] KEELRC 3296 (KLR) (18 December 2023) (Ruling)
✦ The court does not have jurisdiction to determine the matters sought to be introduced in the case
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Mutua v Triple Edge Media Limited (Cause 144 of 2019) [2023] KEELRC 3298 (KLR) (18 December 2023) (Judgment)
✦ The court finds that the Claimant was an employee of the Respondent and that the Respondent's conduct was sufficiently serious to constitute a repudatory breach of the contract of employment, thus entitling the Claimant to constructive termination.
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Kiura v Multimedia University College of Kenya & another (Employment and Labour Relations Cause 2041 of 2012) [2023] KEELRC 3408 (KLR) (18 December 2023) (Ruling)
✦ The Notice of Appeal was deemed withdrawn due to the lapse of sixty days from its filing, and the Claimant must seek an extension of time to regain its validity.
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Mungahu v Chandaria Industries Limited (Cause 2077 of 2017) [2023] KEELRC 3297 (KLR) (18 December 2023) (Judgment)
✦ The court finds that the Respondent failed to prove a valid and fair reason for terminating Claimant's employment.
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Nyambu v Kenya Kazi Services Ltd (Employment and Labour Relations Cause 389 of 2018) [2023] KEELRC 3357 (KLR) (18 December 2023) (Judgment)
✦ The employment contract was lawfully terminated through the voluntary actions of the parties.
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Memba v Yducha (Employment and Labour Relations Cause 1694 of 2017) [2023] KEELRC 3299 (KLR) (18 December 2023) (Judgment)
✦ The court finds that the Respondent did not uphold due process in releasing the Claimant from employment.
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Kiarie v UAP Holdigns Ltd (Employment and Labour Relations Cause 1091 of 2018) [2023] KEELRC 3417 (KLR) (18 December 2023) (Ruling)
✦ The application is dismissed as the applicant improperly approached the court and failed to establish any factor that can attract an order for review.
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Tolo v Rafiki Microfinance Bank Ltd & another (Cause 630 of 2017) [2023] KEELRC 3356 (KLR) (18 December 2023) (Judgment)
✦ The Court held that the termination of the Claimant’s employment was procedurally fair and that the Respondent had a valid reason for the termination.
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Keiser v Makupa Transit Shade Limited (Cause 47 of 2020) [2023] KEELRC 3448 (KLR) (18 December 2023) (Judgment)
✦ The termination of employment was found to be unfair and wrongful.
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Mwangi v African Wildlife Foundation (Cause 1295 of 2016) [2023] KEELRC 3358 (KLR) (18 December 2023) (Ruling)
✦ The court reviews the judgement and sets aside the order arising from the judgement delivered on 3rd November, 2022, owing to an error apparent on the face of the record.
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Mwale v M/S Soon & Seen Construction Limited (Cause 514 of 2017) [2023] KEELRC 3362 (KLR) (15 December 2023) (Judgment)
✦ The Claimant's contract was not unfairly and unlawfully terminated, and he is not entitled to the claimed remedies.
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Muriithi v Office of Auditor - General (Cause 1071 of 2018) [2023] KEELRC 3283 (KLR) (15 December 2023) (Judgment)
✦ Claimant's salary arrears are declared and ordered to be paid
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Mutua v Ten Senses Africa Limited (Cause 2004 of 2017) [2023] KEELRC 3284 (KLR) (15 December 2023) (Judgment)
✦ The court finds that the claimant was on a fixed-term contract of 3 months, which expired on August 9, 2016. She was not dismissed by the respondent and is not entitled to notice, compensation, annual leave, or service pay.
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Kenya Union of Commercial, Food and Allied Workers v Narugi Development Sacco Ltd (Employment and Labour Relations Cause 1350 of 2018) [2023] KEELRC 3365 (KLR) (14 December 2023) (Judgment)
✦ The grievant's claim against the Respondent fails as he has not proven on a balance of probabilities that he was an employee of the Respondent.
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Adoyo v Kenya Post Office Savings Bank (Employment and Labour Relations Cause 672 of 2011) [2023] KEELRC 3289 (KLR) (14 December 2023) (Judgment)
✦ The claim for underpayment of salary due to wrong job grade placement is time barred.
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Gituanja v Spread Eagle Ltd (Employment and Labour Relations Cause E963 of 2022) [2023] KEELRC 3291 (KLR) (14 December 2023) (Ruling)
✦ The preliminary objection is dismissed, and the case is validly filed.
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Kemboi v Multimedia University of Kenya & another (Employment and Labour Relations Cause 236 of 2019) [2023] KEELRC 3288 (KLR) (14 December 2023) (Judgment)
✦ The court declares that the Claimant’s contract of service was constructively confirmed after the initial probationary terms of 12 months lapsed. The purported extension of the Claimant’s probationary term beyond the initial 12 months was illegal. The decision to terminate the Claimant’s contract of service was unlawful.
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Kenya Private University Workers Union v Catholic University of Eastern Africa (Employment and Labour Relations Cause E388 of 2023) [2023] KEELRC 3292 (KLR) (14 December 2023) (Ruling)
✦ The instant suit is an abuse of the court process and is struck out with costs to the Respondent