Kenyan case law
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Miyawa & 7 others v Judicial Service Commission (Petition 29 of 2016) [2017] KEELRC 1735 (KLR) (24 February 2017) (Judgment)
✦ The Court does not find that the Respondent violated the Petitioners' right to fair administrative action or fair labour practices.
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James Ngumu Mutungi v National Police Service Commission [2017] KEELRC 1744 (KLR)
✦ The court upheld the dismissal and the review process
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Jackson Gona Konde v Ayoob Noor Mohammed & Company Limited [2017] KEELRC 1723 (KLR)
✦ Termination was unfair and unlawful.
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Claudine Wanjiku Mboce v Exon Investments Limited & another [2017] KEELRC 1746 (KLR)
✦ Termination was unfair and the Claimant was discriminated against on account of her pregnancy. The Respondents shall pay the Claimant compensation for unfair termination and pregnancy discrimination.
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Kenya Union of Commercial Food and Allied Workers v Anchor East Africa Limited [2017] KEELRC 1717 (KLR)
✦ The claim is statute barred and the court has no jurisdiction to extend the time for filing the claim.
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Kenya Union Of Domestic, Hotels, Educational Institutions And Hospitals Workers Union [Kudheiha] v Board Of Management, Waa Boys High School [2017] KEELRC 1730 (KLR)
✦ The Respondent shall enter into Collective Bargaining Agreement Negotiations with the Claimant Union and come up with a CBA within 90 days of this Judgment.
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Michael Kimeu v Udhabiti Educational Trust Kenya & 3 others [2017] KEELRC 1747 (KLR)
✦ Termination was based on valid reason but flawed on procedural fairness, hence unfair.
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John Muiruri Kuria v Kenya Ports Authority [2017] KEELRC 1750 (KLR)
✦ The Claimant is granted gratuity at Kshs. 70,735 and interest on this amount from March 2004, till payment is made in full. The Respondent is ordered to release the Claimant's Certificate of Service.
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Moraa Marcella Motieri v Crest Security Services Limited [2017] KEELRC 1736 (KLR)
✦ Termination was unfair due to the lack of proper procedure, but the Claimant was compensated with the equivalent of 3 months' salary in compensation for unfair termination, notice pay, house allowance in arrears, April 2015 salary, and uniform refund.
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Lynette Pereira v Kenya Motor Sports Federation Limited [2017] KEELRC 1706 (KLR)
✦ The termination of the Claimant was unfair and unjustified.
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Kabok Peter Aguko v Lake Basin Development Authority [2017] KEELRC 1559 (KLR)
✦ The Court held that the Respondent is estopped from denying or derogating from the contents of the letter of termination of the claimant. The terminal benefits should include salary withheld, gross salary, leave, gratuity, and Provident Fund contributions.
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Elijah Mogura Obworo v Kisii Bottlers Limited [2017] KEELRC 1394 (KLR)
✦ The summary dismissal was unjustified and unlawful, and the Plaintiff is entitled to damages for wrongful dismissal and defamation.
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Patrick Aruwa Opiyo v Wells Fargo Limited [2017] KEELRC 1555 (KLR)
✦ The court found the summary dismissal unfair due to procedural flaws and lack of proof of valid reason.
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Joseph Nyariki Oguri v Kipkebe Estate Limited [2017] KEELRC 1489 (KLR)
✦ Claim is statute barred and dismissed
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Cathie Akinyi Silinga v Chandarana Supermarkets Limited [2017] KEELRC 1713 (KLR)
✦ The application for stay of execution is granted on condition that half of the decretal sum is released to the Claimant and the other half be deposited in an interest earning account held in the names of the Counsel for the parties within 30 days.
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Barrack Otieno Ombima v Farouk & 2 others [2017] KEELRC 1729 (KLR)
✦ The application for stay of execution is granted on condition that the decretal sum is deposited in an interest-earning account held in the joint names of the Respondent/Claimant and the Counsel on record for the Applicants within 30 days.
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Oloolaiser Water v Kenya County Government Workers Union [2017] KEELRC 1708 (KLR)
✦ The Court finds that the conciliation process is still pending and premature for the parties to rush to Court or issue a strike notice.
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Anthony Njue John v National Bank of Kenya Limited [2017] KEELRC 1240 (KLR)
✦ The termination was not procedurally fair and the reasons provided were insufficient.
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Kenya Union of Soft Stone and Wood Carving Workers v Registrar of Trade Unions & another [2017] KEELRC 1707 (KLR)
✦ The Court finds the Registrar exercised her discretion properly and dismisses the appeal with costs to the Respondent
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Christine Munguti & 21 Others v National Bank of Kenya Ltd [2017] KEELRC 1262 (KLR)
✦ The Court found that the Claimants were discriminated against and ordered compensation and severance pay as per the Collective Bargaining Agreement.
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Joseph Onyango & 3 others v National Bank of Kenya [2017] KEELRC 1247 (KLR)
✦ The Court finds that the Respondent's offer for VER was not discriminatory and that the terms were based on the Collective Bargaining Agreement (CBA). The Court upholds the payment of severance pay at half a month's salary for every completed year of service.
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John Wafula Simiyu v The Star Publication Limited [2017] KEELRC 1670 (KLR)
✦ The application is allowed, and the respondent is restrained from selling or dealing with the properties and ordered to return the attached properties. Each party bears their own costs.
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Linah Chebet Ngeny v Independent Electoral and Boundaries Commission [2017] KEELRC 1465 (KLR)
✦ The claimant's case is dismissed with costs.
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Richard Barasa Wepukhulu v Board of Management, Chenjeni Primary School [2017] KEELRC 1666 (KLR)
✦ The court found that there was no evidence of service on the respondent, and thus the claimant's case was not properly before the court. The court dismissed the claimant's case.
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Kennedy Ngigi Gachibu v Uchumi Supermarkets Limited (Cause 391 of 2015) [2017] KEELRC 1727 (KLR) (Employment and Labour) (21 February 2017) (Ruling)
✦ The Preliminary Objection is allowed and the claim is struck out as time barred.