Kenyan case law
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Benard Omondi Kwambi v Bedi Investment Limited [2020] KEELRC 1560 (KLR)
✦ Service pay is due to the claimant for the period of 3 years, up to December 2015, amounting to Ksh.13,500.
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Peter Njane Kagera v Motor Boutique Limited [2020] KEELRC 1638 (KLR)
✦ Claimant's claim fails and is dismissed
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Daizy Cherogony v Kenya Airports Authority [2020] KEELRC 1664 (KLR)
✦ The suit is dismissed as the dismissal was justified due to gross misconduct.
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Philip Owino Musula v Alicia Bakers and Confectioners Limited [2020] KEELRC 1616 (KLR)
✦ The suit for wrongful dismissal is dismissed. The claimant is not entitled to any payment in lieu of notice.
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Michael Ndung’u Mutua Muna & 9 others v Secretary General, Kenya National Union of Teachers (KNUT),Wilson Sossion [2020] KEELRC 1404 (KLR)
✦ The judicial proceedings are struck out as the applicants have not moved the court under judicial review proceedings without abiding by Rule 7 of the Employment and Labour Relations Court (Procedure) Rules.
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Joseph Muriithi Njeru v County Government of Kirinyaga [2020] KEELRC 1670 (KLR)
✦ The court finds the Respondent's motion well taken and the suit is struck off in limine.
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Peter Muchemi Mwangi & 3 others v Blue Seas Car Hire and Tours Limited t/a Temple Road Total Service Station [2020] KEELRC 1629 (KLR)
✦ The Court finds that a termination took place for good cause without notice, and awards compensation and remedies to the Claimants as per the Employment Act.
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Jumaa Mangaro v China Jiangxi International Kenya Limited [2020] KEELRC 1687 (KLR)
✦ The Claimant was found to be a regular employee on term contract, not a casual employee. The Respondent failed to show steps to trace the whereabouts of the Claimant, and the evidence did not support the claim of desertion of duty.
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Obadiah Kebabe Gisore v Umoja Rubber Products Limited [2020] KEELRC 1661 (KLR)
✦ the termination was not unlawful and the Claimant's claims are dismissed
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Martha Wanjiru Mungai v Board of Management Pioneer School [2020] KEELRC 1689 (KLR)
✦ The dismissal was found to be unfair, unprocedural, wrongful and illegal
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Dorice Makobe v Hotel Baracuda Inn Ltd [2020] KEELRC 1659 (KLR)
✦ The Court finds that the Respondent's actions made the Claimant's employment untenable and amounted to constructive dismissal.
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David Ithau Wambua v Liberty Kenya Holdings Limited [2020] KEELRC 1636 (KLR)
✦ The application is dismissed with costs.
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Kenya County Government Workers Union v County Government of Murang’a & Murang’a County Public Service Board [2020] KEELRC 1714 (KLR)
✦ The motion to introduce new evidence is dismissed with no order as to costs.
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Phares Oluoch Olang’o v Mastermind Tobacco (K) Limited [2020] KEELRC 1571 (KLR)
✦ The dismissal was unfair and unjustified due to lack of valid reasons and procedural fairness.
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Kudheiha Workers v St. Catherine Mixed Boarding Primary School & another [2020] KEELRC 1717 (KLR)
✦ The termination of the grievant's contract was unfair.
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David Makori Ongeri v Autolitho Limited [2020] KEELRC 1704 (KLR)
✦ The termination was both procedurally and substantively unfair, and the claimant is entitled to notice and compensation.
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John Ogweno Awaa v Mackenzie Maritime [E.A] Limited [2020] KEELRC 1732 (KLR)
✦ The Claim is dismissed.
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Judy Wamaitha Mwangi v Paul Mopel & another [2020] KEELRC 1624 (KLR)
✦ The court dismissed the claimant's application for review and setting aside the order dismissing the cause, finding the delay in filing the application to be inordinate and without a justifiable reason.
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Kennedy Nyachiro v Seventh Day Adventist Church Registered Trustees [2020] KEELRC 1607 (KLR)
✦ The court denies the claimant's request to amend his pleadings as the claim is statute barred and the amendment would be prejudicial to the respondent.
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Musyoka Nzoka Muasya v Toyota Kenya Limited [2020] KEELRC 1620 (KLR)
✦ The termination was unlawful due to a flawed procedure, but the Claimant was entitled to 1 month's salary in lieu of notice.
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Republic v County Government of Marsabit, Department of Agriculture, Livestock and Fisheries Development & 2 others; Wato Denge Halake (Interested Party) Ex-Parte Guyo Shanda Umuro [2020] KEELRC 1694 (KLR)
✦ The ex-parte applicant's motion is dismissed with no order on costs.
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Joseph Odongo Owando v Marie Stopes Kenya [2020] KEELRC 1700 (KLR)
✦ Summary dismissal was procedurally unfair
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Daniel Njuguna Chege & 4 others v Tusker Mattresses Ltd [2020] KEELRC 1724 (KLR)
✦ The claimants voluntarily resigned and are entitled to terminal benefits and gratuity
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Esha Omar Mwajabe v Iqra Broadcasting Network Ltd [2020] KEELRC 1697 (KLR)
✦ The Court finds that the termination of the Claimant's employment was procedurally and substantively fair and does not award compensation for unfair termination. The Court awards the Claimant accrued leave, gratuity, commissions, and pay in lieu of notice.
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Noreen Waithira Kago v George Namasaka Sichangi t/a Sichangi Partners Advocates [2020] KEELRC 1746 (KLR)
✦ The Court finds that the Respondent repudiated the contract and constructively dismissed the Claimant and also breached the contract/statute.