Kenyan case law
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Charles Mbuthia Muriithi v SGS Kenya Limited [2019] KEELRC 1869 (KLR)
✦ Respondent's response is reinstated and deemed duly filed and served. The order for formal proof is set aside. Respondent pays Kshs. 15,000 in costs to the Claimant. Parties are ordered to comply with Rule 15 and schedule the main dispute for hearing.
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Nazir Mohammedali Kassam v Bahari [T] Company Limited [2019] KEELRC 1859 (KLR)
✦ The Court orders the Respondent to pay the Claimant 4 months' salary in compensation for unfair termination.
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Ali Abubakar Ali v Central Electricals International Limited [2019] KEELRC 1876 (KLR)
✦ The Respondent's Notice of Preliminary Objection was not valid, and the Respondent's Advocate's failure to attend the main hearing was not deliberate.
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Peter Mutune v Yalfa Cargo Logistics Ltd [2019] KEELRC 1882 (KLR)
✦ The Application filed by the Respondent on 28 February 2019 is rejected with no order on the cost.
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Kenya Building, Construction, Timber & Furniture Industries Employees Union v Galaxy Timber Company Ltd [2019] KEELRC 1873 (KLR)
✦ Redundancy was unlawful, Respondent must pay Ksh.786,868 in redundancy benefits
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Kenya Building Construction Timber & Furniture Industries Employees Union v Shariff Abdalla M. Limited [2019] KEELRC 1870 (KLR)
✦ The Court orders the Respondent to pay the Grievant notice, annual leave, pro-rata leave, service and salary for days worked in November 2015, equivalent of 12 months' salary in compensation for unfair termination, and issues a certificate of service.
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Joseph Gidraf Wanjala v Jane Hamrick & another [2019] KEELRC 1089 (KLR)
✦ The court finds that the termination of employment was unfair and reinstates the claimant. The claimant is also awarded terminal dues.
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David Kabori Rimberia v Summit Cove Lines Company Limited & another [2019] KEELRC 1868 (KLR)
✦ The Court orders the Respondents to pay the Claimant a global sum of Kshs.700,000 in full and final settlement of the Claim.
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Joseph Ogembo Mose v Lochab Bros Company Ltd [2019] KEELRC 1096 (KLR)
✦ Claimant is awarded notice pay, overtime pay, rest day pay, and leave pay.
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Munyoki Kitheka v Brinks Security Services Limited [2019] KEELRC 1871 (KLR)
✦ The Claimant's Application to have the Claim reinstated is rejected.
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Ernest Kibet Tormoi v Kenya Farmers Association Limited [2019] KEELRC 1031 (KLR)
✦ The court allowed the review application for interest on the liquidated claims and ordered that each party bear their own costs.
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Nahashon Oywa Amanga v Board of Management Rift Valley Institute of Science and Technology [2019] KEELRC 1100 (KLR)
✦ The claimant’s Verifying Affidavit is not verified due to the lack of a proper commissioning and the affidavit is not dated.
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Kenya Shipping Clearing Freight Logistics And Warehouses Workers Union v Portlink Logistics Ltd [2019] KEELRC 1699 (KLR)
✦ The Court finds the Claimant's Pleadings fall short of the standards required under the Employment and Labour Relations Court Rules. The Preliminary Objection is allowed, and the Claim is struck out.
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Joginder Singh Dhanjal v Dhanjal Brothers Limited [2019] KEELRC 1858 (KLR)
✦ Claimant's Application is rejected. Preliminary Objection is declined. The Court orders that the Application be heard in full.
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Ernest Tony Ogutu v Panari Hotel [2019] KEELRC 1700 (KLR)
✦ The Court finds the termination of Ogutu's employment unfair and awards him compensation of Kshs 250,000.
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Bakari Ali Mbega v Kwale International Sugar Company [2019] KEELRC 1883 (KLR)
✦ The Claim is rejected.
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Micky Musyoka v Koroga Country Club Limited [2019] KEELRC 1877 (KLR)
✦ The dismissal was valid but flawed in procedure. The Respondent shall pay the Claimant 1 month's salary in compensation for unfair termination.
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Lucien Kouakou v International Planned Parenthood Federation & another [2019] KEELRC 1958 (KLR)
✦ The Court ordered an injunction restraining the Respondents from propagating, disclosing, promulgating, publishing, divulging, or causing the propagation, promulgation, publication of any of the allegations surrounding the disciplinary process and any defamatory material of and concerning the applicant.
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Peter Macharia Gakure & another v Amica Savings & Credit Limited [2019] KEELRC 1930 (KLR)
✦ Dismissal of claims and counterclaims
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Jacqueline Katuku Kasinga v Kenya Fresh Produce Exporters Ltd [2019] KEELRC 1926 (KLR)
✦ The dismissal was not arbitrary and the Claimant absconded from work, thus she is ordered to pay Kshs. 16,250/- in lieu of notice.
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Elijah Oyoo Okoth v Vice Chancellor Karatina Univesity & another [2019] KEELRC 1975 (KLR)
✦ The claim is dismissed with costs to the Respondents as the dismissal was lawful and procedurally fair
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Daniel Mutua Mwendwa v Kenya Fresh Produce Exporters Ltd [2019] KEELRC 1921 (KLR)
✦ Claimant is not unlawfully dismissed, but is liable for Kshs. 49,695/- in lieu of 1 month notice and Kshs. 150,000/- misappropriated funds
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Kenya Plantation & Agricultural Workers Union v Delmonte (K) Ltd [2019] KEELRC 1997 (KLR)
✦ The court found no valid reasons to dismiss the Grievant and ordered one month's salary in lieu of notice, 12 months salary in compensation for unlawful dismissal, a certificate of service, costs of the suit, and interest on the sums awarded.
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Nelson Theuri Kimotho v Anchor Group of Companies [2019] KEELRC 1931 (KLR)
✦ Claimant is entitled to Kshs. 114,414.40 in terminal dues and interest at court rates from the date of filing suit till payment in full. The Claimant will also receive a certificate of service and costs of the suit.
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Nelson Maina v Kenyatta University [2019] KEELRC 1941 (KLR)
✦ The Claimant's terms of employment converted to regular employment under Section 37 of the Employment Act, and he was not entitled to compensation for annual leave not taken.