Kenyan case law
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Anthony Wachira Wairimu & another (Suing as Legal representatives and Administrators of the estate of Joseph Kiuri Mwangi (Deceased) v Zhongmei Engineering (K) Group Limited [2019] KEELRC 1820 (KLR)
✦ The court granted a stay of execution pending the appeal, requiring the applicants to deposit the entire decretal amount in an interest-earning account within 60 days.
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Kenya Union of Employees of Voluntary and Charitable Organizations (KUEVACO) & another v Kenya Union of Post Primary Education Teachers (Kuppet) – Headquaters & 3 others [2019] KEELRC 1830 (KLR)
✦ The Preliminary Objection is dismissed, and the Attorney General is allowed to stay as a party to the suit.
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Augustine Sifuna Wanyonyi v One Acre Fund [2019] KEELRC 1903 (KLR)
✦ The court finds that the Respondent had a valid reason to terminate the employment of the Claimant and that the disciplinary procedure was fair.
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Abdulrahim Mohamed Abdulrahim v Modern Coast Express Limited [2019] KEELRC 1875 (KLR)
✦ The Court finds the termination unfair due to lack of due notice and a hearing, and awards the claimant compensation for unfair termination, salary in lieu of notice, and unpaid salary.
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Charles Samson Namusasi v West Kenya Sugar Company Ltd [2019] KEELRC 1880 (KLR)
✦ The Court found that the termination of employment was not for a valid reason and was not done in terms of a fair procedure.
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Ernest Morara Mokua v Kenya Railways Corporation [2019] KEELRC 1881 (KLR)
✦ The claimant is awarded 10 months' salary in compensation for unfair termination and the suit is not time barred. The claimant is not entitled to exemplary damages and is ordered to pay the respondent's costs.
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Eliud Wachira v General Motors (EA) Ltd [2019] KEELRC 1897 (KLR)
✦ The court finds that the respondent has failed to prove the reason for dismissing the claimant and that the procedure followed was not fair.
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Joseph Kimani Kigotho v Diani Flowers & Landscaping Ltd [2019] KEELRC 1865 (KLR)
✦ The dismissal was procedurally unfair and the Respondent breached the contract.
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Joshua Otiego Apiyo v Modern Coast Express Limited [2019] KEELRC 1895 (KLR)
✦ Claimant is awarded 12 months' salaries for unfair termination, 19 days' salary, and compensation for illegal deductions. The claimant is also awarded costs of the suit.
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Maunda v Postal Corporation of Kenya (Cause 8 of 2017) [2019] KEELRC 2616 (KLR) (29 March 2019) (Judgment)
✦ The court finds that the Respondent successfully rebutted the case put forth by the Claimant and that the termination was for a valid reason and followed a fair procedure.
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JMM v Smollan Kenya Limited (Cause 104 of 2017) [2019] KEELRC 1905 (KLR) (29 March 2019) (Judgment)
✦ The court held that the employer was obligated to provide reasonable accommodation to employees with disabilities and that the failure to do so amounted to discrimination.
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Peter M. Lubanga v Dayalal Bhanti & Sons Ltd [2019] KEELRC 1861 (KLR)
✦ The Court dismisses the Claimant's cause with costs to the Respondent
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Mjengo Limited v Bakery Confectionery Food Manufacturing & Allied Workers Union (K) [2019] KEELRC 1888 (KLR)
✦ Recognition agreement is validly concluded and claimant is not entitled to revocation
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Moses Daniel Kyalo v Treadsetters Tyres Limited [2019] KEELRC 1864 (KLR)
✦ The termination was wrongful and unlawful due to the claimant's absconding from work.
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Job Bernard Makanga v Multimedia University of Kenya [2019] KEELRC 1904 (KLR)
✦ The court ordered the respondent to pay the claimant a net sum of Kshs.455,740 for gratuity and a sum of Kshs.538,934 for salaries and allowances.
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Doreen Atyang Ekisa.v Equity Bank of Kenya Limited [2019] KEELRC 1878 (KLR)
✦ The Court found the summary dismissal to be unfair and unlawful.
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Ronald Muge Cherogony v Cabinet Secretary for Defence & 3 others [2019] KEELRC 1901 (KLR)
✦ The Court finds the claimant's suit time barred and dismisses the suit with each party bearing their own costs.
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Patrick Amulele Ghalani & another v G4S Security (K) Limited [2019] KEELRC 1866 (KLR)
✦ The Court finds the termination unfair and unlawful, and awards compensation for unfair termination, one month's salary in lieu of notice, and certificates of service.
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Rosanael Kariue Odero v Kentmere (1986) Limited [2019] KEELRC 1862 (KLR)
✦ The application to set aside the ex parte judgment is dismissed with costs to the Claimant, and the monies deposited into Court should be released to the Claimant.
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Benard Lumba v Nzoia Water Services Co.Ltd [2019] KEELRC 1900 (KLR)
✦ Employment was terminated for valid reason and fair procedure was followed
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Elkana Jumba Kenyolwa v NEL Enterprises Limited [2019] KEELRC 1884 (KLR)
✦ The Court finds the termination unfair and awards the claimant compensation for unfair dismissal, a month's pay in lieu of notice, and service gratuity.
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Aggrey Shileka Indongole v Steel Makers Limited [2019] KEELRC 1848 (KLR)
✦ The application is declined, and the suit is dismissed with no order as to costs.
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Namalwa Mutekhele Khalagai & 2 others v County Government of Bungoma; Laurian Kolikho & 5 others (Interested Parties) [2019] KEELRC 1867 (KLR)
✦ The Petitioners were prematurely removed from office before the new Executive Committee was appointed, which violated Section 42(1) of the County Government Act and Articles 10, 47, and 259 of the Constitution of Kenya 2010.
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Caleb Nasengo v Theluji Dry Cleaners Ltd [2019] KEELRC 1899 (KLR)
✦ Stay of execution is granted in respect of the balance of Kshs 332,938, subject to deposit in a joint interest earning account within 30 days.
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Richard Moguche Arati v Menengai Oil Refineries Ltd [2019] KEELRC 1106 (KLR)
✦ The court finds that the appellant was not an employee of the respondent at the time of the injury and that the injury was due to the appellant's own negligence.