Kenyan case law
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Mkombola v Directline Assurance Company Limited (Cause E052 of 2023) [2024] KEELRC 2077 (KLR) (30 July 2024) (Judgment)
✦ Claimant is awarded one month's notice and compensation for three months, totaling Kshs 1.2 million.
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Ngeno & 35 others v Kericho County Government & 6 others (Employment and Labour Relations Petition 3 of 2016) [2024] KEELRC 2173 (KLR) (30 July 2024) (Ruling)
✦ The Court dismissed the application for show cause and committed the 2nd Respondent to civil jail for six months for contempt of court.
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Kangethe v Bic East Africa Limited (Cause 772 of 2019) [2024] KEELRC 2106 (KLR) (30 July 2024) (Judgment)
✦ A declaration that the dismissal was unlawful, 12 months' salary as compensation, 21 days of leave not utilized, 3 months' salary in lieu of notice, unpaid consultant fees, outstanding benefits, interest on the sums, and a service certificate are ordered.
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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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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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Bakery, Confectionery, Food Manufacturing and Allied Workers Union v Tropical Heat Limited (Cause E916 of 2022) [2024] KEELRC 1983 (KLR) (30 July 2024) (Judgment)
✦ The Recognition Agreement is invalid due to the Claimant union's failure to maintain the requisite number of members.
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Republic v County Government of Turkana & another; Public Service Commission (Interested Party); Koech (Exparte Applicant) (Judicial Review 4A of 2023) [2024] KEELRC 1965 (KLR) (30 July 2024) (Judgment)
✦ The court grants the application and issues an order of mandamus compelling the 1st and 2nd Respondents to comply with the orders of the Court and the directive by the Public Service Commission.
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Muliango v Masaka (Cause 989 of 2018) [2024] KEELRC 2146 (KLR) (30 July 2024) (Ruling)
✦ The Respondent's Notice of Appeal is valid and the intended appeal is arguable, but the Respondent has not provided cogent reasons for the delay in filing the appeal.
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Oruma v Central Rift Valley Water Works Development Agency (CRVWWDA) & another (Employment and Labour Relations Petition E005 of 2024) [2024] KEELRC 1962 (KLR) (30 July 2024) (Judgment)
✦ The Petition is dismissed as the Petitioner failed to demonstrate breaches of the HR Manual and his constitutional rights were not violated.
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Gicheha v Nairobi Water and Sewerage Co. Ltd (Petition E083 of 2022) [2024] KEELRC 1984 (KLR) (30 July 2024) (Judgment)
✦ The Petitioner was not among those shortlisted for the position of Regional Manager Informal Settlement Region, and the Respondent’s advertisement, shortlisting and appointment of another person breached the Petitioner’s constitutional right to fair labour practice and fair administrative action.
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Kibore v National Oil Corporation of Kenya (Cause 1993 of 2017) [2024] KEELRC 2021 (KLR) (29 July 2024) (Judgment)
✦ The Court finds the termination unfair and unlawful and orders 12 months' salary as compensation.
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Otieno v General Industries Limited (Employment and Labour Relations Cause 1053 of 2018) [2024] KEELRC 2040 (KLR) (29 July 2024) (Judgment)
✦ The Court found that the dismissal was unfair and ordered the Respondent to pay damages for wrongful and unlawful termination.
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Ponda v Royal Nairobi Golf Club (Employment and Labour Relations Cause 410 of 2017) [2024] KEELRC 2155 (KLR) (29 July 2024) (Judgment)
✦ The termination of the Claimant's employment was not fair.
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Gatu Magana Company Advocates LLP v Mwania (Miscellaneous Application 43 of 2023) [2024] KEELRC 1946 (KLR) (29 July 2024) (Ruling)
✦ The Court remits the bill back to the taxing mistress for further consideration
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Jakaiti v Independent Policing Oversight Authority (IPOA) (Cause E265 of 2024) [2024] KEELRC 1991 (KLR) (29 July 2024) (Ruling)
✦ The claimant has failed to demonstrate that the application for a temporary injunction is merited.
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Kitui v Race Guards Limited (Cause 640 of 2016) [2024] KEELRC 1982 (KLR) (29 July 2024) (Judgment)
✦ The court finds in favor of the Respondent, dismissing the Claimant's claims.
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Kijusa v Race Guards Limited (Cause 641 of 2016) [2024] KEELRC 2134 (KLR) (29 July 2024) (Judgment)
✦ The court finds that the Respondent has on a balance of probabilities proved that the Claimant left employment in 2012 and was re-employed in 2013, thus the Claimant is not entitled to terminal dues.
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Opiyo v Uzuri Foods Limited (Bread Division) (Cause 1591 of 2018) [2024] KEELRC 2156 (KLR) (29 July 2024) (Judgment)
✦ The Court held that the deductions were unlawful and that the Claimant was not liable to offset the amounts deducted.
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Wachanga v Revere Technologies Limited (Cause E1024 of 2021) [2024] KEELRC 2135 (KLR) (29 July 2024) (Judgment)
✦ The Claimant was not on probation by the end of May 2021, and the salary reduction was unlawful.
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Lekakimon v Speaker, County Assembly of Baringo & 3 others (Employment and Labour Relations Petition E010 of 2024) [2024] KEELRC 1948 (KLR) (29 July 2024) (Ruling)
✦ Petitioner's application for interim orders is granted
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Okeyo v Board of Directors HHI Management Service Limited & another (Cause E970 of 2023) [2024] KEELRC 1992 (KLR) (29 July 2024) (Ruling)
✦ Documents should not be expunged
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Kinyanjui v Equity Bank (K) Limited (Cause 683 of 2019) [2024] KEELRC 2133 (KLR) (29 July 2024) (Judgment)
✦ The Court held that the termination of the Claimant's employment was procedurally fair but substantively unfair.
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Kenya National Private Security Workers Union v Wells Fargo Limited (Employment and Labour Relations Cause E983 of 2021) [2024] KEELRC 2050 (KLR) (29 July 2024) (Judgment)
✦ The court held that the two contracts of employment were distinct and independent, with the second contract superseding the first.
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Njenga v DIB Bank Kenya Limited (Cause E400 of 2020) [2024] KEELRC 2122 (KLR) (29 July 2024) (Ruling)
✦ The court denied the application for stay of proceedings
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Ogaja v Owino & 5 others (Cause E049 of 2024) [2024] KEELRC 2102 (KLR) (29 July 2024) (Ruling)
✦ The application is dismissed with no order as to costs. The matter will be placed for directions on 19th September 2024 to ascertain readiness for hearing of the main suit.