Kenyan case law
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Jackson Omondi Mela v Vishak Construction Company Limited & another [2017] KEELRC 1812 (KLR)
✦ The objection is upheld, and the attachment is lifted.
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Morris Nyavanga Kellum v Fairview Hotel Limited & 3 others [2017] KEELRC 1794 (KLR)
✦ The dismissal is found to be unfair due to the lack of a disciplinary hearing and the court orders compensation and reinstatement.
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Masoud M.Y. Noorani v General Tyre Sales Limited [2017] KEELRC 1806 (KLR)
✦ The Appellant is granted severance pay at Kshs. 160,000.
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Omariba Elijah Kemonde v Secretary Teachers Service Commission [2017] KEELRC 1811 (KLR)
✦ The court directs the respondent to give priority and recruit the claimant as a teacher at the next available recruitment exercise.
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Moses Njue Nguru v Bidco Oil Refineries [2017] KEELRC 1795 (KLR)
✦ The court orders the payment of one month's salary in lieu of notice, eight months' salary as compensation for unfair termination, and costs of the suit.
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Kenya Union of Commercial Food and Allied Workers v Agricultural Society of Kenya [2017] KEELRC 1800 (KLR)
✦ The Court finds that the law was complied with at every stage and dismisses the Claimant's application.
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Robert Nyagaka v Easy Coach Limited [2017] KEELRC 1797 (KLR)
✦ The application is allowed to the extent and on terms set out above.
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Douglas James Mayabi v Mfi Technology Solutions Limited [2017] KEELRC 1798 (KLR)
✦ The application is dismissed with costs.
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Kenya Union of Commercial Food and Allied Workers v Lemoc Limited [2017] KEELRC 1805 (KLR)
✦ The court orders the dispute to be referred to the Cabinet Secretary, Ministry of Labour Human Resource Development to appoint a conciliator to attempt resolving the same.
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Justus A. M. Sigah v Jumbo Savings & Credit Co-Operative Society Limited [2017] KEELRC 1826 (KLR)
✦ The termination was unfair and unjustified, and the Claimant is entitled to 12 months' salary for unfair termination and other awards.
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Patrick Onyango Sewe v Henkel Chemicals (E.A) Limited [2017] KEELRC 1291 (KLR)
✦ Dismissal was unfair due to lack of notice and hearing, and the claimant was not given a fair chance to defend himself.
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Bernard Bushuru Lutubula v Metal Crown Limited [2017] KEELRC 1233 (KLR)
✦ The termination was unfair and unprocedural, and the claimant is awarded compensation at Kshs.203,112.00 for unfair termination of employment.
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Board of Directors Sibo Water and Sanitation Company v County Government of Siaya & 2 others [2017] KEELRC 1475 (KLR)
✦ The court granted the applicant leave to file the judicial review application and certified it as urgent. The leave was granted as the applicant established a prima facie case that warrants further investigation.
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Peter Mwangi v Rift Valley Railways Limited & another [2017] KEELRC 1234 (KLR)
✦ Application by the Respondent is hereby dismissed. Costs due to the auctioneers shall be met by the Respondent.
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Peter Njuguna Kamau v Spry Engineering Company Limited [2017] KEELRC 1253 (KLR)
✦ Application is declined. Parties are allocated a hearing date for the main cause.
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Julyan Otieno Aruwa v Great Lakes University of Kisumu [2017] KEELRC 1554 (KLR)
✦ The court finds the termination of the claimant's employment was unfair.
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Paul Nyadewo Onyangoh v Parliamentary Service Commission & another [2017] KEELRC 1267 (KLR)
✦ The Court denied the application for temporary injunction and stay of implementation, finding that reinstatement would cripple the operations of the Respondents and that the conduct of the Claimant held back the work of the Respondents.
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Paul Ooko Okoth v Chemelil Sugar Company Limited [2017] KEELRC 1558 (KLR)
✦ The application is not defective, the correct salary was used in the award calculation, and the 8 days worked in October 2009 and leave travelling allowance were not included in the award.
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Peter Magata Robi v Management Committee of Ekerubo Dispensary [2017] KEELRC 1556 (KLR)
✦ The Respondent will pay the Claimant's Costs of the claim. There is no order for payment of interest.
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Mary M Mwangi v Sofia Mangina t/a Athens Leather Products [2017] KEELRC 1962 (KLR)
✦ The claimant was terminated without a written contract of service, which is mandatory under the Employment Act. The employer failed to issue a written contract within two months of employment, leading to an informal relationship. The claimant's absconding duty was not addressed with written communication or a warning letter.
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Nicky Njuguna & 3 others v Registrar of Trade Unions & 2 others [2017] KEELRC 1964 (KLR)
✦ The court finds that the orders were directed at the state to amend the laws, and without clarity on which organs of state are responsible, it would be unjust to proceed with contempt proceedings.
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Kenya National Private Security Workers Union v Modern Security Holding [2017] KEELRC 1521 (KLR)
✦ The court dismissed the suit as the claimant union did not comply with the mandatory procedure for reporting disputes under the Labour Relations Act and the grievant was not a member of the union.
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Kenneth Ouma Wasike v Mumias Outgrowers Sacco Society Ltd currently t/a Nitunze Sacco Society Ltd [2017] KEELRC 1550 (KLR)
✦ The court finds no jurisdiction to extend the time for filing the claim, and dismisses the application.
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Andrew Waithaka Kiragu v Grain Pro Kenya Inc Ltd [2017] KEELRC 1259 (KLR)
✦ The termination was unfair as it lacked proper notice and hearing, violating statutory procedures under the Employment Act.
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Alfonso Katheka Munyali & another v Council of the Kenya School of Government & 3 others [2017] KEELRC 1803 (KLR)
✦ The court dismissed the suit, finding the recruitment, appointment, and deployment of the 3rd and 4th respondents was fair and lawful, and the suit was incompetent against the first and second respondents.