Kenyan case law
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Ruth Wanjiru Mungai Kang’ong’oi v Communication Ultimate Limited (Kul) [2016] KEELRC 1730 (KLR)
✦ The Court finds that the employment contracts were not in writing and that the Claimant did not have a written contract of employment as required by the Employment Act.
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Joseph Makanga Ong’ayo v Japeth Walutila [2016] KEELRC 1771 (KLR)
✦ The Court finds that the case relates to a dispute between an employer and an employee, thus the Court has jurisdiction to entertain it. The Preliminary Objection is dismissed.
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Kenya Hotels and Allied Workers Union v Sentrim Kenya Limited & another [2016] KEELRC 1764 (KLR)
✦ The Court grants the Respondents' application to set aside the ex parte judgment and allows an inter partes hearing.
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Jorim Owino Nyamor & another v Kenya Airways Limited [2016] KEELRC 1736 (KLR)
✦ The Court found the suit to be an abuse of the Court process and struck it out.
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Aloys Osoro Obaga v Principal Sec. Ministry Of Environment & Natural [2016] KEELRC 1765 (KLR)
✦ The court finds no merit in the application and dismisses it.
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John Nyonje Eliuaba v Lubao Jaggery Actory Ltd [2016] KEELRC 1770 (KLR)
✦ Claimant is awarded leave for 2 years, underpayments for 2 years, and service pay.
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Elizabeth Mutindi v Fourteen Flowers Limited [2016] KEELRC 1762 (KLR)
✦ Claimant is awarded 1 month's salary in lieu of notice, house allowance for 11 years, and damages equivalent to 12 months salary.
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Kenya Union of Domestic, Hotels, Educational Institutions, Hospitals and Allied Workers v Upper Hill Mixed Secondary School [2016] KEELRC 1806 (KLR)
✦ The Court dismissed the Respondent's motion and ordered recognition of the Union. The Respondent's motion was dismissed with costs.
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Justus Mbaya v Rivatex East Africa Ltd [2016] KEELRC 1797 (KLR)
✦ The judgment is reviewed, and the Respondent is ordered to pay the Claimant Kshs 88,190/- and issue a Certificate of Service within 7 days.
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Kenya Union of Commercial Food & Allied Workers v Reli Co-operative Savings & Credit Society Ltd [2016] KEELRC 1799 (KLR)
✦ The Court finds and holds that the Grievant validly and pursuant to a contractual provision retired early and is entitled to and is awarded severance pay, handshake, and transport.
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Lingoln Otakwa M’meli v Mars Security Guards Limited (Cause 360 of 2015) [2016] KEELRC 1823 (KLR) (22 January 2016) (Ruling)
✦ The suit is struck off with costs to the respondent due to the lack of jurisdiction due to the limitation period.
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Elvis Museni Muruli v Nation Media Group Limited [2016] KEELRC 1821 (KLR)
✦ Claimant is entitled to payment of three months salary in lieu of notice, seventeen days salary for May 2011, acting allowance for August 2010 to January 2011, and distribution commission.
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Asoro Mwenje Astone v Riley Services Limited [2016] KEELRC 1824 (KLR)
✦ The court held that the plaintiff is not owed terminal benefits as he was terminated for gross misconduct.
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David Wanyonyi v Attorney General & 2 others [2016] KEELRC 1803 (KLR)
✦ The Court reinstated the dismissed summons for hearing inter partes in the interest of justice.
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Justus Aloo Ogeka & 6 others (as Interim officials of Kenya National Union of Cooperatives Staff) v Registrar of Trade Unions & 2 others [2016] KEELRC 1798 (KLR)
✦ The appeal is allowed, and the Kenya National Union of Cooperatives Staff is granted registration from the date of the judgment.
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Public Service Commission & 4 others v Trade Union Congress of Kenya & 4 others [2016] KEELRC 1815 (KLR)
✦ The application is granted with costs in the cause
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James Ashiembi Namayi v Menengai Oil Refineries Ltd [2016] KEELRC 1802 (KLR)
✦ The dismissal was procedurally unfair and the Claimant is entitled to 1 month pay in lieu of notice and 5 months wages compensation.
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John Waweru Githianu v Solstice Importers and Exporters Limited [2016] KEELRC 1812 (KLR)
✦ The application is dismissed with costs to the respondent.
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Peter Kimeu Mose & 13 Others v Mang Hotel & Another [2016] KEELRC 1800 (KLR)
✦ The Respondent's application is dismissed with costs to the Claimants
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Kenya National Union of Nurses v Kenyatta National Hospital Board & 3 others [2016] KEELRC 1814 (KLR)
✦ The court found that the petitioner does not have locus standi to bring the petition on behalf of the grievant and other employees of the 1st respondent, and thus dismissed the petition.
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Kenya Union of Printing, Publishing, Paper Manufacturers & Allied Workers v Print Pak Limited [2016] KEELRC 1763 (KLR)
✦ The dismissal was unfair and unjustified.
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Africanus Isebe Etiat v Chemilil Sugar Co. Ltd [2016] KEELRC 1781 (KLR)
✦ Claimant is entitled to 1 month's salary in lieu of notice, 129.5 leave days, 144 off days, and severance pay.
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Nyang'au Erick Nyakundi v Secretary Teachers Service Commission [2016] KEELRC 1417 (KLR)
✦ The Claimant is reinstated and placed at the level he would have attained as at the date of re-employment had his employment not been terminated.
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Peter Wakabu Wachie v Premier Bag & Cardage Limited [2016] KEELRC 1777 (KLR)
✦ The termination of the Claimant was unfair and unjustified under Section 45 of the Employment Act 2007.
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Miriam Baridi Amaswache v Innovations for Poverty Action [2016] KEELRC 1773 (KLR)
✦ The termination of the Claimant's employment was not unfair, and she is entitled to a certificate of service.