Kenyan case law
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Were v Board of Directors National Transport Safety Authority & another; Njao (Interested Party) (Petition E002 of 2023) [2024] KEELRC 2057 (KLR) (26 July 2024) (Ruling)
✦ The court quashed the consent order and reinstated the previous orders.
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Mulusa v Co-operative Bank of Kenya Limited (Employment and Labour Relations Cause E706 of 2022) [2024] KEELRC 1943 (KLR) (26 July 2024) (Ruling)
✦ The court finds that the Respondent has proved that Harrison Mwendo of the Banking Fraud Investigation Unit or any other designated investigating officer's testimony is necessary in this case.
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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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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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Gesami v Catholic University of Eastern Africa (Cause E437 of 2023) [2024] KEELRC 1970 (KLR) (26 July 2024) (Judgment)
✦ The Claimant was not serving under two distinct positions at the time she exited the Respondent's employment. The non-renewal of her contract of employment was not unfair.
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Mbugua v Echonet Network Africa (Employment and Labour Relations Petition E064 of 2022) [2024] KEELRC 1964 (KLR) (26 July 2024) (Ruling)
✦ The Application for stay of execution pending appeal is disallowed.
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Morusoi & 34 others v Kenya Literature Bureau; Kenya Union of Printing, Publishing and Allied Workers (KUPRIPUPA) (Interested Party) (Petition E064 of 2024) [2024] KEELRC 1938 (KLR) (26 July 2024) (Judgment)
✦ The petitioners' prayer is premature, ill-conceived, and in bad faith.
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Nassoro v DM Concrete (K) Limited & another (Cause E003 of 2024) [2024] KEELRC 1924 (KLR) (26 July 2024) (Judgment)
✦ The court adopts the DOSH assessment and orders the respondents to pay the assessed compensation.
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Omar v Katar & another (Appeal E012 of 2020) [2024] KEELRC 1920 (KLR) (25 July 2024) (Ruling)
✦ The appeal is incompetent and is hereby struck off with no order as to costs.
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West Kenya Sugar Company Limited v Ndombi (Employment and Labour Relations Appeal E004 of 2024) [2024] KEELRC 1967 (KLR) (25 July 2024) (Judgment)
✦ The Court found that the Respondent's employment had not been converted to contractual employment as per the principles set out in Section 37 of the Employment Act and that the burden of proof of termination was not shifted to the Appellant.
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Gachanja v Unifresh Exotics (K) Limited (Cause 278 of 2019) [2024] KEELRC 1914 (KLR) (25 July 2024) (Judgment)
✦ The Court finds in favor of the Claimant for leave pay for 7 days and salary for 10 days in March 2019, totaling Kshs.47,666, with interest and a certificate of service issued to the Claimant.
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West Kenya Sugar Company Limited v Chilande (Employment and Labour Relations Appeal E009 of 2023) [2024] KEELRC 2119 (KLR) (25 July 2024) (Judgment)
✦ The Court finds that the Respondent was an employee and that the trial court did not err in shifting the burden of proof of termination to the Appellant.
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Maningi & 2 others v Kwale International Sugar Co Ltd (Cause 872 of 2017) [2024] KEELRC 2043 (KLR) (25 July 2024) (Judgment)
✦ The court finds that the 3rd Claimant was unfairly terminated and awards her compensation for unfair termination of employment.
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West Kenya Sugar Company Limited v Disi (Employment and Labour Relations Appeal E010 of 2023) [2024] KEELRC 1994 (KLR) (25 July 2024) (Judgment)
✦ The court finds that the Respondent was an employee and that the trial court did not err in finding that the Respondent was terminated unfairly.
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Kenya Building, Construction, Timber and Furniture Industries Employees Union v Slumberland Kenya Limited (Cause E573 of 2022) [2024] KEELRC 2030 (KLR) (25 July 2024) (Judgment)
✦ The court finds the number of employees to be 16 permanent and 9 casual, differing from the Claimant's initial claim of 74 employees.
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Kavoi v Kenya Meat Commission (Appeal E057 of 2021) [2024] KEELRC 1915 (KLR) (25 July 2024) (Judgment)
✦ The court finds the termination procedurally unfair and awards the Appellant six months' salary in compensation, one month's salary in lieu of notice, and leave pay for 32 days.
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Kinyangi v Hebutullah Brothers Limited (Employment and Labour Relations Cause E930 of 2022) [2024] KEELRC 1972 (KLR) (25 July 2024) (Judgment)
✦ The court finds that the claimant has proved the claims made against the respondent on a balance of probability and is entitled to the reliefs sought.
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Mutua v Center (Cause 1876 of 2016) [2024] KEELRC 1905 (KLR) (25 July 2024) (Judgment)
✦ The court finds that the Claimant and Respondent had an employment relationship and that the Respondent's termination of the contract was unfair.
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Kuria & another v Ongoi (Miscellaneous Application E012 of 2024) [2024] KEELRC 2014 (KLR) (25 July 2024) (Ruling)
✦ The application is dismissed as res-judicata and incompetent
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Winstar Security Guards Limited v Wanyonyi (Employment and Labour Relations Appeal E013 & E024 of 2023 (Consolidated)) [2024] KEELRC 1944 (KLR) (25 July 2024) (Judgment)
✦ The Respondent's termination was unfair and unjustified, and he is entitled to compensation of 6 months salary.
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Simba v Portside Freight Terminal Limited (Cause E136 of 2023) [2024] KEELRC 2093 (KLR) (25 July 2024) (Judgment)
✦ The termination of employment was unlawful due to lack of due process
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Musau v Attorney General & 3 others (Petition E027 of 2022) [2024] KEELRC 2024 (KLR) (25 July 2024) (Judgment)
✦ The court finds the Petitioner failed to prove he was an employee of the Department of Defence, thus the termination issue cannot arise.
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Kilonzo (Suing as the administrator and persona representative of the Estate of Benjamin Kyalo Masila) v Albeity Logistics Limited & another (Miscellaneous Application E004 of 2024) [2024] KEELRC 2092 (KLR) (25 July 2024) (Ruling)
✦ The application is dismissed without merit.
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Okwirry v Honda Motorcycle (K) Ltd (Cause E026 of 2022) [2024] KEELRC 1912 (KLR) (25 July 2024) (Judgment)
✦ The dismissal was wrongful due to lack of procedural fairness.
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Kenya Building Construction, Timber and Furniture Industries Employees Union v Vaghjiyani Enterprises Limited (Cause E121 of 2023) [2024] KEELRC 2019 (KLR) (25 July 2024) (Judgment)
✦ The court finds that the grievant was an employee of the Respondent from 2012, paid in cash until 2018 when the Respondent started paying through Mpesa.