Kenyan case law
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Robert Simiyu Mabuku v Spin Knit Limited [2015] KEELRC 1511 (KLR)
✦ The Court held that the employment relationship commenced on 1 December 2008, and the Claimant was not a machine attendant or mechanic.
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Jeremiah K. Kandagor v Maasai Mara University [2015] KEELRC 1510 (KLR)
✦ The Court orders the stay of the retirement notice and the applicant's retention in his employment position with all benefits and terms of service pending the hearing and determination of the main suit.
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Samuel Kipchumba Kaptoge v Moi Teaching & Referral Hospital [2015] KEELRC 1514 (KLR)
✦ Suspension was unfair, inequitable, and unlawful; Claimant entitled to withheld salaries and house allowance
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Isaac Ochieng Odul v Pan Africa Express Transport Ltd [2015] KEELRC 1204 (KLR)
✦ The Court dismissed the Claimant's claim and ordered the dismissal of the suit with costs.
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Max Masoud Roshankar & another v Sky Aero Limited [2015] KEELRC 1556 (KLR)
✦ The court found that the respondent did not provide adequate accommodation and work permit details, leading to the claimant's breach of contract. The respondent was found to have offered to pay $14,000 in good faith and held multiple meetings to facilitate an amicable solution. The claimant was only entitled to 3 months' pay in notice, and the rest of the suit be dismissed.
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Kennedy M. Oyugi v Attorney General & 3 others [2015] KEELRC 1517 (KLR)
✦ The preliminary objection is without basis and hereby overruled
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Adow Mohamed Kanyare v Attorney General (Sued for and on behalf of the Permanent Secretary) Ministry of Education & another [2015] KEELRC 1507 (KLR)
✦ The preliminary objection is disallowed and the suit shall proceed to trial on merit.
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Benjamin Mule Kimoli v Parbay Siyani Construction Limited [2015] KEELRC 1496 (KLR)
✦ The Court finds in favor of the Claimant and awards compensation for unfair termination of service.
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Banking Insurance And Finance Union (Kenya) v Kenya Commercial Bank Limited [2015] KEELRC 1515 (KLR)
✦ The Court found no valid reason for the termination and that the Respondent did not observe due process.
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Maurice Kamwilwa v South Eastern University College [2015] KEELRC 1502 (KLR)
✦ The court finds that the dismissal was wrongful and unfair, and awards the claimant eight months' salary as compensation, termination of contract, payment of terminal dues, and a certificate of service.
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Polly Jennifer Mwonjaru & another v Vision Empowerment Training Institute & another [2015] KEELRC 1231 (KLR)
✦ The court found in favor of the claimants and ordered the 1st respondent to pay salary arrears, notice pay, compensation for unlawful dismissal, interest, costs of the suit, general and aggravated damages including exemplary damages, and a certificate of service.
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Elijah Kipkoros Tonui v Ngara Opticians T/A Bright Eyes Limited [2015] KEELRC 1229 (KLR)
✦ Application for review dismissed
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Jemimah Muthoni N’nyiri v Eunice Amer Manyok [2015] KEELRC 1524 (KLR)
✦ The court finds the termination unfair and unlawful, and awards damages for unlawful termination and service pay.
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Kenya Union of Commercial, Food and Allied Workers v Kyaume Farmers Co-operative Society Limited [2015] KEELRC 1508 (KLR)
✦ The Court overrules the preliminary objections and directs the case to proceed to full trial on merit.
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Eric Mbalya Ngenzi v Athi Stores Limited [2015] KEELRC 1506 (KLR)
✦ The dismissal was found to be wrongful and unfair.
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Peter Kimilu & another v Kenya Petroleum Oil Workers Union [2015] KEELRC 1504 (KLR)
✦ The application is declared frivolous and an abuse of the court process, and is hereby struck with costs to the respondent.
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Muchiri v Kiambu Club; Kiambu Club Registered Trustees (Objector) (Cause 1517 of 2010) [2015] KEELRC 1212 (KLR) (13 January 2015) (Ruling)
✦ The Court dismissed the Objector's application to lift the proclamation and return the goods.
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Lydia Chepkosgei Mutai v Kenya Power Limited [2015] KEELRC 1527 (KLR)
✦ The court finds the termination unfair and orders the claimant to be paid 3.5 months salary in lieu of notice, 12 months salary as damages for unfair termination, and a certificate of service.
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Jackson Nyamwange Okari v Attorney General [2015] KEELRC 1529 (KLR)
✦ Claimant is entitled to reinstatement of his personal no. 507855 and arrears from the date of interdiction to the date of reinstatement.
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Kisumu County Assembly Service Board & another v Kisumu County Assembly Public Service Board & 4 others [2015] KEELRC 1474 (KLR)
✦ The court dismissed the petition and set aside the conservatory orders issued by the High Court.
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Kenya County Government Workers Union v Kisumu County Government & 95 others [2015] KEELRC 1523 (KLR)
✦ The court found that the CARPS programme is a devolved programme and not a forced project of the National Government. The rights of the petitioners have not been infringed upon, and the programme has not usurped the powers of County Public Service Boards.
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Wilson Khasakhala Maganga v Menengai Oil Refineries Ltd [2015] KEELRC 925 (KLR)
✦ The dismissal was procedurally fair but substantively unfair due to the Respondent's failure to prove the reasons for dismissal.
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Wilson Mathee Ireri v Kampala Coach Limited [2015] KEELRC 790 (KLR)
✦ Claimant is awarded Kshs 304,000 in total, including salary, leave, service pay, and compensation.
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Wiseley Patrick Simasi & 8 Others v Lamanthe Hygiene Food [2015] KEELRC 539 (KLR)
✦ The respondent's motion for stay of execution pending appeal is dismissed
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Zedekia Juma Adaya v MSB Educational Institute [2015] KEELRC 1279 (KLR)
✦ The court awards one month leave for the claimant, dismisses the claim for severance pay and overtime, and allows the respondent's counter claim for one month salary in lieu of notice.