Kenyan case law
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Ombima v Fresh An Juice Limited (Cause 1811 of 2016) [2022] KEELRC 1359 (KLR) (21 July 2022) (Judgment)
✦ The summary dismissal was procedurally and substantively unfair.
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Mayieka & 22 others v Judicial Service Commission (Cause 260 of 2016) [2022] KEELRC 1242 (KLR) (21 July 2022) (Ruling)
✦ The court dismisses the application to set aside the stay orders and directs the issuance of the summons to the Chief Registrar of the Judiciary
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Rutto v Hotel Waterbuck Limited & another (Cause 86 of 2018) [2022] KEELRC 1240 (KLR) (21 July 2022) (Ruling)
✦ The execution is stayed for 14 days on condition that the applicants pay auctioneers costs.
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Mutsotso v Butali Sugar Mills Limited (Cause 98 of 2021) [2022] KEELRC 1723 (KLR) (21 July 2022) (Judgment)
✦ The Court found that the reasons for the termination were valid and that the termination was procedurally fair. The Claimant is entitled to the reliefs sought.
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Lusigi & 12 others v Cabinet Secretary, Ministry of Environment & Forestry (Petition 163 of 2020) [2022] KEELRC 1235 (KLR) (21 July 2022) (Judgment)
✦ The Court finds in favor of the Petitioners and directs the Respondent to release the Petitioners' interview results within 21 days.
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Wathinja & 3 others v County Secretary, County Government of Nyandarua & 2 others (Cause E056 of 2021) [2022] KEELRC 1267 (KLR) (21 July 2022) (Ruling)
✦ The court finds no evidence of harassment or intimidation and denies the prayer for an injunction. The court orders the Respondents to pay the Claimants any salary arrears and to continue paying their monthly salaries.
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Kenya Union of Domestic, Hotels Educational Institutions Hospital and Workers v St. Peters Mumias Boys High School (Cause E006 of 2021) [2022] KEELRC 1711 (KLR) (21 July 2022) (Ruling)
✦ The court is of the considered opinion that the issue to be determined in the ruling is whether the Respondent has capacity to be sued.
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Kenya National Union of Nurses v St. Mary’s Hospital Mumias (Cause 16 of 2021) [2022] KEELRC 3787 (KLR) (21 July 2022) (Judgment)
✦ The Court found that the Claimant has not met the requirements of Section 54(1) of the Labour Relations Act for recognition by the Respondent.
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Kenya Union of Commercial Food & Allied Workers v MMA Engineering Service Limited (Cause 1097 of 2017) [2022] KEELRC 1236 (KLR) (21 July 2022) (Ruling)
✦ The Court confirms the proposals on overtime, medical cover, and redundancy, and rejects the proposals on gratuity, bonus, basic minimum wage, and general wage increase.
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Langat t/a Kolato Auctioneers v Sitienei & another (Miscellaneous Application E016 of 2021) [2022] KEELRC 1239 (KLR) (21 July 2022) (Ruling)
✦ The application is dismissed.
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Langat v Uniliver Tea Kenya Limited (Cause E004 of 2021) [2022] KEELRC 1238 (KLR) (21 July 2022) (Judgment)
✦ The court finds that the dismissal was procedurally fair and substantively fair.
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Ogecha v Kenyatta University (Cause 369 of 2019) [2022] KEELRC 1230 (KLR) (21 July 2022) (Ruling)
✦ The court orders the Director of Criminal Investigations to furnish a certified copy of the Cyber Report within seven days and to attend court to testify.
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Hacienda Logistics Limited v Muturi (Appeal 159 of 2021) [2022] KEELRC 1271 (KLR) (20 July 2022) (Ruling)
✦ The appeal is dismissed with no orders for costs.
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Kimani v Technoserve (Cause 764(N) of 2009) [2022] KEELRC 1273 (KLR) (20 July 2022) (Judgment)
✦ The court did not find the termination of Kimani's employment to be unfair and did not order costs.
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Muiruri v Githunguri Dairy Farmers Co-operative Society Limited (Cause 474 of 2017) [2022] KEELRC 1231 (KLR) (20 July 2022) (Judgment)
✦ The court finds that the respondent failed to show a fair and valid reason to terminate the Claimant's employment on July 22, 2015.
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Mwaura & 12 others v Kenya Power and Lighting Company Limited (Cause 2575 of 2016) [2022] KEELRC 1276 (KLR) (20 July 2022) (Ruling)
✦ The court grants a stay of execution of the decree on condition that the claimants deposit the decretal sum in court within 60 days from the date of the ruling.
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Ibia v Resort Kenya Limited (Cause 64 of 2015) [2022] KEELRC 1717 (KLR) (20 July 2022) (Judgment)
✦ The termination was not valid as the Respondent failed to prove a valid reason for termination and did not follow fair procedure.
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Kabugi v Teacher Service Commission (Cause 132 of 2017) [2022] KEELRC 1274 (KLR) (20 July 2022) (Judgment)
✦ Claimant was not entitled to special school allowance and the Respondent was justified in deducting the allowance.
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Takoy v Kenya National Highways Authority (Petition E089 of 2021) [2022] KEELRC 1268 (KLR) (20 July 2022) (Judgment)
✦ The Petitioner's application for a stay of execution of the previous judgment is dismissed with no order as to costs.
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Mnyika v Vambeco Enterprises Limited (Cause 77 of 2018) [2022] KEELRC 1709 (KLR) (19 July 2022) (Judgment)
✦ The court held that the termination was not lawfully executed, as the burden of proof lies on the employer to justify the lawfulness of a termination.
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Kenya Union of Journalist v Cabinet Secretary Labour and Social Broadcasting Corporation & 3 others; Simani & 54 others (Interested Party) (Petition E002 of 2022) [2022] KEELRC 1177 (KLR) (19 July 2022) (Ruling)
✦ The application is dismissed as the petitioner's petition and Notice of Motion do not meet the threshold for striking out on the grounds of res judicata.
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Onyango v For You Clothing Limited (Cause 125 of 2017) [2022] KEELRC 14685 (KLR) (19 July 2022) (Judgment)
✦ The claimant’s dismissal was unfair and unjustified due to lack of valid reasons and due process.
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Wambua & 15 others v W.E Tilley (Muthaiga) Limited (Cause 441 of 2016) [2022] KEELRC 1246 (KLR) (19 July 2022) (Judgment)
✦ The court found that the respondent did not declare the claimants redundant and that the conduct of the respondent did not constitute a repudiatory breach of the contract of employment.
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Wabwile v Eveready Security Guards Ltd (Cause 2096 of 2016) [2022] KEELRC 1258 (KLR) (18 July 2022) (Judgment)
✦ The court finds that the Respondent had a valid and fair reason to terminate the Claimant's employment and that the termination was procedurally fair.
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Munga v Parpia (Cause E142 of 2021) [2022] KEELRC 1255 (KLR) (18 July 2022) (Ruling)
✦ The court grants Judgment on admission for the leave days not taken, certifies the suit urgent, and orders a priority hearing.