Kenyan case law
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Ngongo v Registrar of Trade Unions & 3 others (Cause E018 of 2021) [2023] KEELRC 2113 (KLR) (20 September 2023) (Judgment)
✦ The Court found that there were irregularities in the elections, including ballot stumping, and that the claimant was not granted prayers as per the Statement of Claim.
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Kamau v Panari Hotel (Cause 1874 of 2017) [2023] KEELRC 2107 (KLR) (20 September 2023) (Judgment)
✦ The court found that the Respondent's conduct did not constitute a repudiatory breach of the contract of employment, and thus the Claimant's employment was not constructively terminated.
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Chepkonga v Kenya Airways PLC (Cause E549 of 2023) [2023] KEELRC 2186 (KLR) (20 September 2023) (Ruling)
✦ The Court sets a hearing date to determine the merits of the suit and disallows the interlocutory applications.
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Mulu v Dodla Dairy (K) Limited (Cause 729 of 2018) [2023] KEELRC 2140 (KLR) (20 September 2023) (Judgment)
✦ The dismissal was ipso facto unfair and unlawful due to lack of a fair hearing. The Claimant is entitled to unpaid salary, notice pay, damages for unlawful dismissal, and costs.
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Universities Academic Staff Union (UASU) v University of Nairobi; Cabinet Secretary, Ministry of Education & 3 others (Interested Parties) (Petition E069 of 2020) [2023] KEELRC 2187 (KLR) (20 September 2023) (Ruling)
✦ The application to suppress the documents is dismissed with costs to the Petitioner
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Kenya Building Construction, Timber and Furniture Industries Employees Union v Thomas & Piron Grands Lacs Ltd (Cause 79 of 2019) [2023] KEELRC 2112 (KLR) (20 September 2023) (Judgment)
✦ The Court dismissed the case as the Union did not demonstrate it had a recognition agreement with the Respondent.
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Kenya Universities Staff Union v Kisii University; Kenya Commercial Bank & 2 others (Garnishee) (Cause E009 of 2020) [2023] KEELRC 2105 (KLR) (20 September 2023) (Ruling)
✦ The Court upheld the garnishee order and directed the remaining balance to be paid in full.
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Republic v Chief Executive Officer, Independent Electoral and Boundaries Commission & another; Waithera (Exparte Applicant) (Judicial Review E006 of 2023) [2023] KEELRC 2110 (KLR) (20 September 2023) (Ruling)
✦ The court found that the Respondent did not exhaust internal appeal mechanisms as required by the Fair Administrative Action Act, 2015, and thus the suit is bad in law.
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Sombo v General Plastics Limited (Cause 2059 of 2016) [2023] KEELRC 2166 (KLR) (20 September 2023) (Judgment)
✦ The termination was unfair and unprocedural
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M’Mugwika v Roy Parcel Services Limited (Cause 2157 of 2016) [2023] KEELRC 2165 (KLR) (19 September 2023) (Judgment)
✦ Claimant is awarded salary for 11 days worked in November 2013, service pay for 14 years, 2 months' salary as compensation, costs of the suit, and a certificate of service.
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Kiendi v Makini Schools Limited (Cause 1333 of 2018) [2023] KEELRC 2148 (KLR) (19 September 2023) (Ruling)
✦ The suit is reinstated but the Claimant must pay thrown away costs of Kshs 25,000/- within 14 days of this ruling
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Musee v International School Of Kenya Ltd (Cause 60 of 2020) [2023] KEELRC 2102 (KLR) (19 September 2023) (Ruling)
✦ The court dismissed the Respondent’s Notice of Preliminary Objection as it did not meet the threshold of a Preliminary Objection.
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Mbataru v Plan International Inc (Cause 509 of 2019) [2023] KEELRC 2163 (KLR) (19 September 2023) (Judgment)
✦ The court dismissed the claim as the Claimant failed to prove discrimination and the contract lapsed, thus no claim to unfair dismissal.
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Gicheru v Chuna Sacco Society Ltd (Cause E017 of 2022) [2023] KEELRC 2101 (KLR) (19 September 2023) (Judgment)
✦ The termination of the Claimant’s employment was procedurally fair but substantively unjustified.
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Nyagaka v Decathlon Sports Limited (Employment and Labour Relations Cause E056 of 2023) [2023] KEELRC 2235 (KLR) (19 September 2023) (Ruling)
✦ The application is premature and is hereby struck out.
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Odemba & 7 others v Laico Hotels & Resorts Management Co. Ltd t/a Laico Regency Hotel Nairobi (Cause 930 of 2018) [2023] KEELRC 2099 (KLR) (18 September 2023) (Judgment)
✦ The dismissal was not lawful as there was no valid and fair reason for the termination.
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Kenya Union of commercial Food and Allied Workers v National Social Security Fund (Cause E083 of 2022) [2023] KEELRC 2254 (KLR) (18 September 2023) (Judgment)
✦ The Court held that the suit was not prematurely filed and that the Claimant is entitled to the reliefs sought.
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Tononoka Rolling Mills Limited v Peter (Employment and Labour Relations Appeal 95 of 2022) [2023] KEELRC 2239 (KLR) (18 September 2023) (Judgment)
✦ The Court held that the Appellant was to blame 100% for the accident and awarded the Respondent general damages of KShs.200,000/- for the injuries and loss of amenities, and special damages of KShs.2,000/-.
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Rotich v Jirani Cultural Organisation (Employment and Labour Relations Cause 407 of 2016) [2023] KEELRC 2468 (KLR) (18 September 2023) (Judgment)
✦ The termination of the Claimant's employment was not fair due to insufficient notice and lack of procedural fairness.
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Theuri v Jomo Kenyatta University of Agriculture and Technology (Cause E173 of 2023) [2023] KEELRC 2100 (KLR) (18 September 2023) (Ruling)
✦ The court finds in favor of the Claimant and grants the temporary injunction.
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Odhiambo v Nyota Clothing Limited (Employment and Labour Relations Cause 1441 of 2017) [2023] KEELRC 2253 (KLR) (18 September 2023) (Judgment)
✦ The Court found that the Claimant was employed as a
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Amalgamated Union of Kenya Metalworks v Power Protection Limited (Cause E596 of 2020) [2023] KEELRC 2246 (KLR) (18 September 2023) (Judgment)
✦ The court found that the termination of the Grievants' employment was not fair.
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Nyambok v Kenya Defence Forces & another (Cause E092 of 2021) [2023] KEELRC 2098 (KLR) (6 September 2023) (Judgment)
✦ The court declared that the 1st Respondent violated the Claimant's constitutional rights and ordered compensatory damages, pension and gratuity, and costs.
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Akinyi & 4 others v Kenya Medical Research Institute [KEMRI] & another (Petition E007 of 2023) [2023] KEELRC 2060 (KLR) (30 August 2023) (Judgment)
✦ The Court declines the Petition and does not grant any order on costs.
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Republic v Clerk, Kisii County Assembly & 3 others; Atika (Interested Party); Nyamwange & 4 others (Exparte Applicants) (Judicial Review E013 of 2023) [2023] KEELRC 2059 (KLR) (30 August 2023) (Ruling)
✦ The Court found no grounds for recusal based on the Governor's alleged utterances or the ex-parte applicants' failure to disclose transferred proceedings.