Kenyan case law
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Muchiri v Laikipia University (Cause 058 of 2021) [2023] KEELRC 2179 (KLR) (21 September 2023) (Judgment)
✦ The court found the unilateral reduction of the claimant’s remuneration in February 2021 to be wrongful, unfair, and unlawful, and ordered the reinstatement of the sum of Kshs 115,000 per month.
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Maluki & 4 others v Kaluworks Limited (Cause 286, 253, 289, 290 & 291 of 2017 (Consolidated)) [2023] KEELRC 2264 (KLR) (21 September 2023) (Judgment)
✦ Claims are not time-barred and employment was protected under Section 37 of the Employment Act.
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Muia v Chase Bank (Kenya) Limited (In Receivership) & another (Cause 73 of 2015) [2023] KEELRC 2124 (KLR) (21 September 2023) (Judgment)
✦ The Claimant's claim for unlawful and unfair termination of employment fails due to lack of evidence of constructive dismissal.
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Imboha v Mukunga & another (Cause 469 of 2016) [2023] KEELRC 2139 (KLR) (21 September 2023) (Judgment)
✦ The suit is dismissed with costs to the Respondents as the employment relationship between the parties did not exist and the suit was time-barred.
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Mawia v Camusat (K) Limited (Cause 235 of 2020) [2023] KEELRC 2118 (KLR) (21 September 2023) (Judgment)
✦ The Court finds that the Claimant's dismissal was lawful due to her absconding duty and her failure to participate in the disciplinary process.
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Kenya County Government Workers Union v Mavoko Water and Sewerage Company (Cause E005 of 2022) [2023] KEELRC 2176 (KLR) (21 September 2023) (Judgment)
✦ The termination was found to be unfair.
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Mwabili v Samruddha Resources (K) Limited (Cause E031 of 2023) [2023] KEELRC 2274 (KLR) (21 September 2023) (Ruling)
✦ The court denied the claimant's application for an injunction and security order.
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Omao v County Government of Nyamira & 5 others; Oyugi & 5 others (Interested Parties) (Petition E042 of 2022) [2023] KEELRC 2115 (KLR) (21 September 2023) (Ruling)
✦ The motion to strike out the petition is dismissed with costs
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Hoka v Board of Management Manyonyi Girls Secondary School & another (Appeal E014 of 2022) [2023] KEELRC 2123 (KLR) (21 September 2023) (Judgment)
✦ The Court of Appeal held that the Trial Court erred in considering the Respondents' documents that were not produced as exhibits and in failing to consider the Appellant's evidence.
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Kenya Union of Domestic Hotels, Educational Institutions and Hospitals Workers (KUDHEIHA) v KSLH Mombasa Beach Hotel (Cause E029 of 2023) [2023] KEELRC 2302 (KLR) (21 September 2023) (Judgment)
✦ The court finds the respondent applied due process and found the Grievant culpable for gross misconduct. The claims for damages for malicious prosecution are dismissed. The court awards leave pay, leave traveling allowance, and gratuity pay.
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Mosota v Timsales Limited (Miscellaneous Civil Application E045 of 2022) [2023] KEELRC 2180 (KLR) (21 September 2023) (Ruling)
✦ Application is dismissed with costs
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Madegwa v Super Bargains & Hardware Limited (Cause 219 of 2017) [2023] KEELRC 2178 (KLR) (21 September 2023) (Judgment)
✦ The court declares the Claimant was an employee on a month-to-month contract, absconded, and deserted duty, but the Respondent failed to follow due process. The Claimant is awarded compensation for termination without due process, salary arrears, and costs.
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Fresco v Camusat Kenya Limited & another (Cause 1884 of 2017) [2023] KEELRC 2116 (KLR) (21 September 2023) (Judgment)
✦ The Court determined that the contract was performed in Kenya, and the Claimant was resident in Nairobi, Kenya. The Court held that the termination was lawful and fair, and the Claimant is not entitled to the remedies sought.
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Kenya Union of Domestic Hotels Educational Institutions and Hospital Workers (Kudhehia Workers) v Westlands Primary School (Cause 1966 of 2016) [2023] KEELRC 2125 (KLR) (21 September 2023) (Judgment)
✦ The termination was substantively and procedurally unfair, and the Grievant is entitled to compensation.
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Kenya Union of Domestic Hotels, Educational Institutions and Hospitals Workers (KUDHEIHA) v NSLH Mombasa Beach Hotel (Cause E028 of 2023) [2023] KEELRC 2262 (KLR) (21 September 2023) (Judgment)
✦ The dismissal was found justifiable and the claim is dismissed
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Ochieng v Tuko Media Limited (Cause E1070 of 2021) [2023] KEELRC 2117 (KLR) (21 September 2023) (Judgment)
✦ The Court finds the termination unlawful and unfair, and orders compensation of Kshs. 853,704.
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Wambua v Savannah Cement Limited (Cause E004 of 2022) [2023] KEELRC 2157 (KLR) (21 September 2023) (Ruling)
✦ The second suit is not competent as it is a duplicate of the first suit filed in Nairobi.
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Mburu v Butali Sugar Mills Limited (Employment and Labour Relations Claim 20 of 2023) [2023] KEELRC 2192 (KLR) (21 September 2023) (Judgment)
✦ The termination of employment was found to be lawful and fair
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Republic v Lake Basin Development Authority; Chere (Exparte Applicant) (Judicial Review E015 of 2022) [2023] KEELRC 2120 (KLR) (21 September 2023) (Ruling)
✦ The application for recusal is dismissed as there is no reasonable basis for it.
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Wanyama v H Young & Co (East Africa) Limited & another (Miscellaneous Cause E121 of 2022) [2023] KEELRC 2183 (KLR) (21 September 2023) (Ruling)
✦ The application succeeds in terms of prayers 1 and 2, and the court orders the 1st and 2nd Respondents to jointly and severally pay the applicant Ksh.1,229,011.20 in compensation.
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Muhatia v Lions School (Cause E027 of 2021) [2023] KEELRC 2141 (KLR) (21 September 2023) (Ruling)
✦ The application is granted, and the name of the deceased claimant is substituted with the applicant's name. The applicant is directed to file an amended claim and pay costs.
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Kaleve & 2 others v East African Portland Cement Company PLC (Cause 248, 247 & 249 of 2019 (Consolidated)) [2023] KEELRC 2150 (KLR) (21 September 2023) (Ruling)
✦ The respondent's application for a stay of execution is allowed, and the claimants' application for the release of the deposit is allowed only in terms of prayer (iii).
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Kenya Union of Domestic, Hotels, Educational Institutions and Hospital Workers v Board of Management Bishop Sulumeti Girls High School (Employment and Labour Relations Cause E003 of 2023) [2023] KEELRC 2200 (KLR) (21 September 2023) (Judgment)
✦ The claim is not merited
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Kibogy v Kerio Valley Development Authority (Appeal E023 of 2021) [2023] KEELRC 2173 (KLR) (21 September 2023) (Judgment)
✦ The court upheld the trial court's decision regarding the appellant's entitlement to the reliefs sought in the Statement of Claim.
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Kenya Engineering Workers Union v M/S Crom Impex (K) Limited (Cause 279 of 2016) [2023] KEELRC 2138 (KLR) (21 September 2023) (Judgment)
✦ Court orders Respondent to pay union dues arrears, initiate deductions and remittance of union dues, and commence negotiations for Recognition Agreement.