Kenyan case law
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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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Gesore v Aga Khan University Hospital (Cause E413 of 2024) [2024] KEELRC 2029 (KLR) (29 July 2024) (Ruling)
✦ The preliminary objection is dismissed, and the case proceeds to deal with the substantive application and suit.
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Tononoka Rolling Mills Limited v Mutuku (Appeal 64 of 2023) [2024] KEELRC 2069 (KLR) (26 July 2024) (Judgment)
✦ The Appellant was not wholly to blame for the accident, and the award of damages was excessive.
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Thairo v Sap East Africa Limited (Cause E659 of 2022) [2024] KEELRC 2048 (KLR) (26 July 2024) (Judgment)
✦ The termination was unfair and the claimant's right to claim unfair termination was not extinguished by signing the discharge.
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Kenya Medical Practitioners, Pharmacists and Dentist Union (KMPDU) v Cabinet Secretary, Ministry of Labour & Social Protection (Employment and Labour Relations Cause E191 of 2021) [2024] KEELRC 2110 (KLR) (26 July 2024) (Ruling)
✦ The court grants prayers a and b of the application, ordering the petitioner to proceed to institute execution proceedings if the respondent does not settle the decretal sum within 60 days.
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Ahmed v Ministry of Interior and National Administration & 5 others (Petition E050 of 2024) [2024] KEELRC 1937 (KLR) (26 July 2024) (Judgment)
✦ The petition is hereby dismissed with no orders on costs.
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Makau v DPL Festive (Employment and Labour Relations Cause 612 of 2018) [2024] KEELRC 1998 (KLR) (26 July 2024) (Judgment)
✦ The dismissal was not fair, and the Claimant is entitled to the reliefs sought.
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Odero v Barclays Bank of Kenya Ltd (Cause 1504 of 2018) [2024] KEELRC 2113 (KLR) (26 July 2024) (Judgment)
✦ The Court found that the Respondent was justified in terminating the Claimant's employment due to multiple internet banking frauds, and the Claimant is not entitled to the reliefs sought.
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Orwa v Autocheck Ltd Also t/a Cheki (K) Ltd also t/a Get Gari (Gari Angalia) (Petition E155 of 2023) [2024] KEELRC 1939 (KLR) (26 July 2024) (Judgment)
✦ The petition is struck out with costs as the preliminary objection is upheld, and the preliminary objection will succeed.
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Mohamed & 2 others v Ahmed, Wajir County Public Service Board Secretary. & 2 others (Petition E047 of 2024) [2024] KEELRC 2058 (KLR) (26 July 2024) (Judgment)
✦ The Court adopts the Public Service Commission's decision and orders the respondents to pay the petitioners' salaries and benefits, revert to their former positions, and implement the Commission's decision.
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Choru v Camusat Kenya Limited (Employment and Labour Relations Cause E665 of 2021) [2024] KEELRC 1928 (KLR) (26 July 2024) (Ruling)
✦ The objection to the production of the documents is found to be without merit and is hereby dismissed.
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Nyabuti v East African Safari Express Limited (Employment and Labour Relations Cause E682 of 2022) [2024] KEELRC 2064 (KLR) (26 July 2024) (Judgment)
✦ The court finds that the Claimant's resignation was not voluntary but was occasioned by the Respondent's conduct of non-payment of monthly salary for three consecutive months, which constituted a fundamental breach of the contract.
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Kennedy v International Rescue Committee Kenya; Kenya Medical Practitioners and Dentist Board (Interested Party) (Employment and Labour Relations Petition E012 of 2024) [2024] KEELRC 1963 (KLR) (26 July 2024) (Ruling)
✦ The court finds the application not merited and the petition should be heard and determined in full
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Republic v Nairobi County Occupational Safety and Health Services Officer (Directorate of Occupational Safety and Health Services); Kole (Exparte Applicant); Vimit Converters Limited (Interested Party) (Judicial Review Application E039 of 2023) [2024] KEELRC 2056 (KLR) (26 July 2024) (Judgment)
✦ The applicant has satisfied the criteria for the grant of mandamus and the respondent is ordered to make an award to the applicant under the Work Injury Benefits Act, 2007 based on the notice of 27th April 2023 as filed by the employer.
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Kenya Private Universities Workers Union v Africa Nazarene University (Employment and Labour Relations Cause E736 of 2022) [2024] KEELRC 2065 (KLR) (26 July 2024) (Ruling)
✦ The court grants the consolidation of the two causes but denies the production of payroll records due to privacy and data protection concerns.
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Aniara v Motech Systems (Cause 88 of 2018) [2024] KEELRC 2116 (KLR) (26 July 2024) (Judgment)
✦ The Court found that the termination was unfair and ordered the Respondent to pay the Claimant severance pay and other compensations.
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Ringo v Kenya Railways Corporation (Cause 1585 of 2013) [2024] KEELRC 1931 (KLR) (26 July 2024) (Judgment)
✦ The Claim is declined
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Rombosia v Pharmaccess Foundation (Cause E486 of 2022) [2024] KEELRC 1926 (KLR) (26 July 2024) (Judgment)
✦ The Court finds that the parties separated when the claimant wrote to resign, and constructive unfair termination is not established.
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Shah v Alloy Castings Limited (Cause E019 of 2023) [2024] KEELRC 2114 (KLR) (26 July 2024) (Judgment)
✦ The Court found that the termination was unfair and unlawful due to a lack of substantive justification and procedural fairness.
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Nzangi v Mars Wrigley Confectionery Kenya Limited (Cause 1 of 2024) [2024] KEELRC 1923 (KLR) (26 July 2024) (Judgment)
✦ The claimant is awarded 8 months' gross salary in compensation at Kshs.216,062.40 less PAYE, and the respondent is ordered to deliver the certificate of service and pay costs.
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Wazir v Redstar International Limited (Cause E477 of 2023) [2024] KEELRC 1971 (KLR) (26 July 2024) (Judgment)
✦ The Court found the termination to be unfair and unlawful, and awarded the Claimant notice pay, unpaid leave, and other damages.
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Kenya Private Universities Workers Union v KAG East Africa (Cause 308 of 2020) [2024] KEELRC 2044 (KLR) (26 July 2024) (Ruling)
✦ The preliminary objection is upheld, and the application is dismissed.
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Kenya Engineering Workers Union v Metal Masters Engineering Limited (Cause 773 of 2019) [2024] KEELRC 2046 (KLR) (26 July 2024) (Judgment)
✦ The suit is dismissed as premature due to the lack of statutory conciliation and the respondent's denial of recruitment.
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African Centre for Women Information and Communictations Technology v Ochieng (Appeal E176 of 2022) [2024] KEELRC 1929 (KLR) (26 July 2024) (Judgment)
✦ The Trial Court's decision to terminate the Respondent's fixed-term contract unfairly and unlawfully is upheld. The Appellant's claims for termination and non-renewal of the contract are justified.
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Njoroge v Kenya Railways Corporation & another (Cause E719 of 2020) [2024] KEELRC 1927 (KLR) (26 July 2024) (Judgment)
✦ The claimant is awarded 6 months' salary in compensation for her failure to attend the hearing and the termination is found to be unfair in procedure and substance.