Kenyan case law
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Ngatia v Airmac Limited (Cause 789 of 2018) [2022] KEELRC 1259 (KLR) (18 July 2022) (Judgment)
✦ The termination of employment was not fair due to procedural irregularities and lack of evidence.
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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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Tailors and Textile Workers Union v African Cotton Industries Limited (Cause 955 of 2016) [2022] KEELRC 1349 (KLR) (15 July 2022) (Judgment)
✦ The suit is hereby determined with orders: a) The parties may file a consent for recording by the Court subject to confirmation by counsel of authority to act for the respondent and by filing the notice to act alongside the consent, if any. b) In absence of any other material, the effective date of service is the actual date the grievant started working for the respondent. c) Parties at liberty to adopt this judgment to apply in cause 953 of 2016 with appropriate modification. d) A decree to issue accordingly.
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Wangari v Kenya Ports Authority & 2 others; Ogutu & 3 others (Interested Parties) (Petition E005 of 2022) [2022] KEELRC 1304 (KLR) (15 July 2022) (Ruling)
✦ The 1st respondent is instructed to strictly comply with the values and principles of public service in Article 232, and the 4th interested party's application is dismissed with no orders on costs.
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Wagunya v Equity Bank Limited (Cause 575 of 2016) [2022] KEELRC 1347 (KLR) (15 July 2022) (Judgment)
✦ The Court finds the termination unfair and orders the respondent to pay the claimant Kshs. 1,853,592.00 in compensation, costs, and a certificate of service.
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Kimani & another v Tridimensional Services Limited (Cause 1285 of 2017) [2022] KEELRC 3805 (KLR) (15 July 2022) (Judgment)
✦ The Court finds that the claimants did not abscond duty and the procedure of termination was not complied with.
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Kenya Union of Commercial, Food and Allied Workers v Fish and Chicken Bar Limited (Cause E326 of 2022) [2022] KEELRC 1288 (KLR) (15 July 2022) (Ruling)
✦ The court finds the application with merit and orders the Respondent to pay half of the severance pay to the nine grievants.
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Hare v Base Titanium Limited (Cause 284 of 2018) [2022] KEELRC 1147 (KLR) (15 July 2022) (Judgment)
✦ The Court finds the termination procedurally unfair and the reasons for termination genuine and fair. The claimant is ordered to pay costs and interest of the suit.
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Major (Rtd) Julius Kiptesot v Attorney General (Cause 501 of 2016) [2022] KEELRC 3802 (KLR) (15 July 2022) (Judgment)
✦ The Court found that the prosecution was malicious and that the claimant is entitled to compensation and reinstatement.
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Joha v Salwa Kenya Limited (Cause 48 of 2020) [2022] KEELRC 1351 (KLR) (15 July 2022) (Judgment)
✦ The termination was unfair, and the claimant was awarded compensation and costs.
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Ogolla v Securex Agencies (K) Limited (Cause 219 of 2016) [2022] KEELRC 1350 (KLR) (15 July 2022) (Judgment)
✦ Claimant's suit is dismissed with costs.
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Wanyonyi v Haveer Body Builders Limited (Cause 355 of 2017) [2022] KEELRC 1181 (KLR) (15 July 2022) (Judgment)
✦ The claimant's termination was found to be unfair and unlawful due to lack of reasons and procedural fairness.
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Thuo v Mobimex Tours and Safaris (K) Limited (Cause 1755 of 2017) [2022] KEELRC 3803 (KLR) (15 July 2022) (Judgment)
✦ The Court found the claimant's termination to be unfair and unlawful.
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Radar Systems Limited v Kenya National Private Security Workers Union & another (Miscellaneous Application E008 of 2022) [2022] KEELRC 1305 (KLR) (14 July 2022) (Ruling)
✦ The application is dismissed with costs, and the appeal of the Court's ruling out of time is granted with a rider.
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Guyo v Commandant Kenya Prisons Staff Training College & 3 others (Petition E074 of 2021) [2022] KEELRC 1371 (KLR) (14 July 2022) (Judgment)
✦ The court finds that the 1st Respondent violated the Petitioner's right to fair hearing, fair labour practices, dignity, and security.
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Muriithi v Kenya Hospital Association t/a the Nairobi Hospital (Cause 484 of 2015) [2022] KEELRC 1289 (KLR) (14 July 2022) (Ruling)
✦ The respondent's application to dismiss the claim for want of prosecution is allowed.
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Ondegoh v Plastic and Rubber Industries [2005] Limited & another (Cause 1825 of 2015) [2022] KEELRC 1681 (KLR) (14 July 2022) (Judgment)
✦ The Court determined that the Claimant was dismissed by the 2nd Respondent on February 3, 2015, and not by the 1st Respondent. The dismissal was found to be fair, and the Claimant is not entitled to the reliefs sought.
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Kenya Chemicals Workers Union v Roto Moulders (Cause E385 of 2020) [2022] KEELRC 1346 (KLR) (14 July 2022) (Judgment)
✦ The Court reinstated the 13 employees and ordered compensation as per the Labour Institutions Act 2007.
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Kenya Medical Practitioners, Pharmacists And Dentists’ Union [KMPDU] v County Government Of Kilifi & another (Employment and Labour Relations Petition 6 of 2021) [2022] KEELRC 1185 (KLR) (14 July 2022) (Judgment)
✦ The CBA between the parties provides for the matters raised by the petitioner to wit: promotion of its members; re-designation of some of them; and training of the Petitioner’s members.
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Omondi & 2 others v Hatari Security Guards Limited (Cause 2424 of 2017) [2022] KEELRC 1313 (KLR) (14 July 2022) (Judgment)
✦ The court found that the respondent did not provide sufficient evidence to justify the termination of the claimants' employment.
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David Mururi Njuka v Ponty Pridd Holdings Limited (Cause 102 of 2017) [2022] KEELRC 3804 (KLR) (14 July 2022) (Judgment)
✦ The court found that the Claimant deserted duty, not that he was summarily dismissed.
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Githuku & another (Suing as the Legal Representative of the Estate of the Late Henry Mbugua) v Foton East Africa Ltd (Cause 316 of 2015) [2022] KEELRC 1306 (KLR) (14 July 2022) (Judgment)
✦ The Court finds the Claimant's case against the Respondents established and awards him compensation totaling Kshs. 449,946.
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Ongoro v China Road & Bridge Corporation Kenya & another (Civil Appeal E068 of 2021) [2022] KEELRC 1282 (KLR) (14 July 2022) (Judgment)
✦ The appeal succeeds and the case is remitted back to the Chief Magistrates Court, Kilungu to be heard afresh by another Magistrate.
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Odenyo v Mwango Clearing Investments Limited (Cause 58 of 2018) [2022] KEELRC 1330 (KLR) (14 July 2022) (Ruling)
✦ The Application is incompetent as the Applicant did not seek to set aside the exparte judgment before seeking leave to file defense out of time.
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Muhezi & 11 others v Vihiga County Public Service Board (Employment and Labour Relations Claim 64 of 2021) [2022] KEELRC 1329 (KLR) (14 July 2022) (Ruling)
✦ The court finds the application merited and grants the leave to file and serve defense.