Kenyan case law
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Mwangi v Ernest Muibu Kiarie t/a Avenue Suites Hotel (Cause 145 of 2018) [2022] KEELRC 1782 (KLR) (28 July 2022) (Ruling)
✦ Respondent's application is struck out as the award amount has not been agreed upon
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Geke v Gusii Mwalimu Sacco Ltd (Cause 340 of 2015) [2022] KEELRC 3794 (KLR) (28 July 2022) (Ruling)
✦ The court is functus-officio and lacks jurisdiction to entertain the claimant's application
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Omondi v Kenya Kazi Security (Gardaworld) Limited (Cause E401 of 2021) [2022] KEELRC 3842 (KLR) (28 July 2022) (Ruling)
✦ The appeal is dismissed with costs.
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Njue & another v Unga Farm Care East Africa Ltd (Cause 47 of 2015) [2022] KEELRC 3773 (KLR) (28 July 2022) (Judgment)
✦ The dismissal was unfair and unjustified
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Kenga v Bbox Capital Kenya Ltd (Cause 50 of 2020) [2022] KEELRC 3851 (KLR) (28 July 2022) (Judgment)
✦ The termination was procedurally fair but substantively unjustified.
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Kawilo v Robinson Investment Ltd (Cause 75 of 2017) [2022] KEELRC 1635 (KLR) (28 July 2022) (Judgment)
✦ dismissal of the Claimant by the Respondent was wrongful, unreasonable, unfair, unjust, wrongful and hence unlawful
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CNR v Freight in Time Limited & another (Cause E204 of 2021) [2022] KEELRC 3799 (KLR) (28 July 2022) (Ruling)
✦ The court dismissed the application to set aside the judgment and orders, finding that the trial judge's allocation of time was reasonable and that the claimant's case was adequately presented.
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Asienwa v Yusuf (Cause 1559 of 2017) [2022] KEELRC 1673 (KLR) (28 July 2022) (Ruling)
✦ The court sets aside the ex parte proceedings on 17th May, 2022 and orders the suit to be heard afresh. The respondent is to meet counsel’s and witness costs for the 17th May, 2022 hearing, and costs of the application shall be in the cause.
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Suri v Edulink International College Limited (Cause 734 of 2016) [2022] KEELRC 1570 (KLR) (28 July 2022) (Judgment)
✦ The court finds the termination unlawful and unfair, and awards the claimant compensation of Kshs 660,000 for unlawful termination, USD 900 for travel expenses, and interest at court rates.
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Onyango v Masinde Muliro University of Scence and Technology (Employment and Labour Relations Claim 10 of 2022) [2022] KEELRC 1660 (KLR) (28 July 2022) (Ruling)
✦ The court finds the 2017-2021 CBA governs the retirement age and the claimant was properly retired at age 64.
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Mbogo v Multiple Haulers (E.A) Limited (Cause 372 of 2015) [2022] KEELRC 1667 (KLR) (28 July 2022) (Judgment)
✦ The Court finds the dismissal unlawful and unfair, and awards the claimant compensation, leave pay, and medical expenses.
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Kenya Union of Sugar Plantation And Allied Workers(KUSPAW) v Butali Sugar Mills Limited (Cause 13 of 2021) [2022] KEELRC 3785 (KLR) (28 July 2022) (Judgment)
✦ The court found that the termination of the employment of the grievant by the respondent was unfair.
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Alex v Unilever Tea Kenya Limited (Cause 105 of 2019) [2022] KEELRC 1620 (KLR) (28 July 2022) (Judgment)
✦ The Court found that the termination was not unfair.
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Bakery Confectionary Food Manufacturing & Allied Workers Union (K) v United Millers Limited (Cause 43 of 2017) [2022] KEELRC 1612 (KLR) (28 July 2022) (Ruling)
✦ The application has not satisfied the threshold for grant of review orders and is hereby dismissed.
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Republic v Minister for Lands and Settlement & 2 others; Orinda ( Suing as the Administrator of the Estate of Raphael Midhodho) (Exparte); Guya (Interested Party) (Environment & Land Miscellaneous Case E015 of 2021) [2022] KEELRC 3845 (KLR) (28 July 2022) (Ruling)
✦ The court found that there was no evidence to support the interested party's claim of discovery of new evidence and that the court's decision was not an error apparent on the face of the record.
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Nyantabagia v Kenya Plantation and Agricultural Workers Union (Cause 114 of 2018) [2022] KEELRC 1739 (KLR) (27 July 2022) (Ruling)
✦ The court allows the application and sets aside the orders of November 16, 2021, dismissing the suit. The suit is reinstated, but with thrown-away costs of Kshs 10,000 to be paid before the hearing date on September 20, 2022.
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Koech v Bundotich & another (T/A M/S Kale Maina & Bundotich Advocates) (Cause 640 of 2017) [2022] KEELRC 1621 (KLR) (27 July 2022) (Judgment)
✦ The court finds that the notice of redundancy dated July 13, 2016 was ineffectual due to non-compliance with the Employment Act, 2007, and the court does not find the termination fair.
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Kenya Union of Domestic, Hotels, Educational Institutions, Hospital And Allied Workers (Kudheiha v The Nairobi Hospital (Cause E403 of 2021) [2022] KEELRC 1666 (KLR) (27 July 2022) (Order)
✦ Final orders and awards were made based on the claims and employer's clearance forms presented.
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Wambua v Emco Billets & Steel Ltd (Cause 1088 of 2015) [2022] KEELRC 3843 (KLR) (27 July 2022) (Ruling)
✦ The suit is statute barred and is therefore struck out.
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Kenya Plantation and Agricultural Workers Union v Uniliver Tea Kenya Limited (Cause E009 of 2021) [2022] KEELRC 1321 (KLR) (27 July 2022) (Judgment)
✦ The court finds the dismissal valid and fair, and dismisses the claim.
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Biiy v Kenya National Union of Nurses (Cause 13 of 2020) [2022] KEELRC 3864 (KLR) (27 July 2022) (Ruling)
✦ The court grants a stay of execution of the impugned judgment/decree on condition that the Applicant deposits the decretal sum in a joint interest earning bank account in the name of the advocates for the parties.
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Katumbi v Athi River Marble and Granite Limited (Cause 348, 349, 350, 351, 352, 353, 354, 355, 357, 358, 359, 360, 361, 1018, 1019, 1020, 1022, 1023, 1024, 1025 & 1026 of 2018 (Consolidated)) [2022] KEELRC 1716 (KLR) (26 July 2022) (Judgment)
✦ The claimant is awarded Kshs.188,822.90 for unpaid salary and Kshs.1,306,574.96 in total for all 21 claimants
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Kenya Chemical Workers Union v Reliance Plastics Limited (Cause 76 of 2019) [2022] KEELRC 1314 (KLR) (26 July 2022) (Judgment)
✦ The court found that the redundancy process was not in accordance with the law and that the employees were not fairly terminated. The court ordered the respondent to implement the recommendations of the Labour Officer and to negotiate a CBA with the claimant.
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Owiti v Salama Hotel Limited (Cause 293 of 2015) [2022] KEELRC 1534 (KLR) (26 July 2022) (Ruling)
✦ The application for a stay of execution is denied.
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Araballe v Kenya Methodist University (Employment and Labour Relations Claim 53 of 2019) [2022] KEELRC 1773 (KLR) (26 July 2022) (Judgment)
✦ The court finds the claimant's case proved and enters judgment for the claimant for Kshs.2,640,000/= less statutory deductions.