Kenyan case law
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James Omariba Nyaoga & another v Speaker of the County Assembly - Kisii County & 2 others [2016] KEELRC 1446 (KLR)
✦ The court found that the notices issued to the petitioners were valid and that they were given adequate notice.
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James Omariba Nyaoga & another v Speaker of the County Assembly Kisii & 2 others [2016] KEELRC 1445 (KLR)
✦ The Preliminary Objection was dismissed paving way for hearing of the application.
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Patrick Nangala Juma v Radar Security Limited [2016] KEELRC 1720 (KLR)
✦ Claimant is awarded 1 month salary in lieu of notice, house allowance, service pay, and 12 months salary as compensation for unlawful termination. An acceptable certificate of service is also issued.
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Abyssina Iron & Steel Ltd v Douglas Momanyi Ondara (Appeal 01 of 2014) [2016] KEELRC 1449 (KLR) (29 January 2016) (Judgment)
✦ The Court held that the Chief Magistrate's Court does not have jurisdiction to hear cases arising from injury to an employee in the course of employment.
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Alfred C Ngeno v Kenya Industrial Estate Ltd [2016] KEELRC 1790 (KLR)
✦ The Court finds the summary dismissal not in accord with justice and equity and awards the Claimant 1 month pay in lieu of notice and 10 months gross wages as compensation.
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Kenya Petroleum Oil Workers Union v Kenya Pipeline Company Ltd, Salaries and Remuneration Commission & Attorney General (Petition 1 of 2015) [2016] KEELRC 1760 (KLR) (29 January 2016) (Judgment)
✦ The Petition fails save for an order that the collective bargaining agreement be presented for registration and the 1st Respondent compute and file the arrears arising from the agreement.
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Nelson Mwangi Nderitu v Kenya Tea Development Agency & 4 others [2016] KEELRC 1784 (KLR)
✦ The application is dismissed with no order for costs.
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Muiru Mwangi Muita v Greenpark Water Services Ltd [2016] KEELRC 1787 (KLR)
✦ The cause of action is incompetent and statute barred, and the claim is dismissed with no order as to costs.
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Samson Tapoyo v County Council Of Pokot [2016] KEELRC 1796 (KLR)
✦ The Court finds and holds that the Claimant was dismissed unfairly and awards him compensation for 7 days pay in lieu of notice, 19 days wages, and salary arrears.
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Paul Ooko Okoth v Chemilil Sugar Co. Ltd [2016] KEELRC 1437 (KLR)
✦ The termination of the Claimant's employment was unfair.
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Caroline Wanjiru Luzze v Nestle Equatorial African Region Limited [2016] KEELRC 1786 (KLR)
✦ The Court found the termination of the Claimant's employment by declaration of redundancy to be unlawful due to the employer's irregular and unfair actions.
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Charles Ondiek Okemwa v Eldoret Mattress Limited & Daniel Ngugi T/A Kamtinga Services Ltd (Cause 474 of 2014) [2016] KEELRC 1783 (KLR) (29 January 2016) (Judgment)
✦ The Court finds and holds that the termination of the Claimant’s employment through redundancy was unfair.
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Alfred Elijah Rori v M-Kopa Kenya Limited [2016] KEELRC 1788 (KLR)
✦ The Court finds that there was an employment relationship between the Claimant and the Respondent, and the Respondent's application to strike out the Claimant's claim is dismissed.
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Kenya Plantation & Agricultural Workers Union v Del Monte Kenya Ltd [2016] KEELRC 1793 (KLR)
✦ Dismissals were procedurally unfair for the 2nd Grievant, but procedurally and substantively fair for the 1st Grievant.
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Jephther Etyangata Odera v Khetia Garment Limited [2016] KEELRC 1752 (KLR)
✦ The claimant was found to be an employee of the respondent. The dismissal was found to be wrongful, unfair, and unlawful. The claimant is entitled to compensation for unlawful termination and unpaid leave and rest days.
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Joseph Kaitano Ikobwa v Khetia Garment Limited [2016] KEELRC 1754 (KLR)
✦ The claimant was an employee of the respondent, and his dismissal was wrongful, unfair, and unlawful.
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Kenya Council of Employment and Migration Agency & another v National Police Service Commission & 6 others [2016] KEELRC 1761 (KLR)
✦ The Court finds that the petitioners' pleadings and submissions are unclear and convoluted, making it difficult to determine whose rights have been violated or how the Constitution has been violated.
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Joseph Amwayi David & 9 others v Registrar of Trade Unions [2016] KEELRC 1723 (KLR)
✦ The appeal is dismissed. The Appellants are ordered to pay the Respondent's costs.
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Norah Moraa Ombui v Speaker Kisii County Assembly & another [2016] KEELRC 1738 (KLR)
✦ The court orders interim and conservatory injunctions to prevent the respondents from implementing the revocation of the petitioner's membership.
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Boaz Ogweno, Joshua Mwau & 21 others v Managing Director, Bakers Choice ,Confectionary Limited & another [2016] KEELRC 1716 (KLR)
✦ The termination was unfair and unjustified, and each Claimant is awarded 1 month's salary in lieu of notice, 6 months' salary as compensation for unlawful termination, and costs of the suit.
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Cyrus Nyongesa Simiyu v Concepts African Limited [2016] KEELRC 1769 (KLR)
✦ The application is dismissed with costs to the Claimant Respondents.
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Joseph K. Thuo v Kenol Kobil Limited (Cause 1523 of 2012) [2016] KEELRC 1778 (KLR) (Civ) (28 January 2016) (Judgment)
✦ Claimant is entitled to 12 months salary as compensation for unlawful termination, 1 month salary in lieu of notice, 1/2 month salary for each year worked, and a Certificate of Service.
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Michael Homas Opondo Were v Maths Trading Company Limited [2016] KEELRC 1728 (KLR)
✦ The summary dismissal was lawful as the Claimant was arrested and charged with a criminal offense, constituting gross misconduct.
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Erick Juma Odhiambo v Mars Security Guards Ltd [2016] KEELRC 1741 (KLR)
✦ The dismissal was wrongful and unfair.
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Lawi Wekesa Wasike v Mattan Contractors Limited [2016] KEELRC 1737 (KLR)
✦ Claimant was an employee of the Respondent and was entitled to notice or payment in lieu.