Kenyan case law
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Banking, Insurance & Finance Union (K) v Co-operative Bank of Kenya [2019] KEELRC 1794 (KLR)
✦ The dismissal was lawful and wrongful, and the claim is dismissed with each party bearing their own costs.
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Manuel Anidos v Kinangop Windpark Limited (In Receivership) & 2 others [2019] KEELRC 1914 (KLR)
✦ The Court held that the 2nd and 3rd Respondents (receivers) are not wrongfully enjoined as respondents to the suit and should not be removed from the proceedings.
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Robert Mmugi Muhavi v Radar Limited [2019] KEELRC 1908 (KLR)
✦ The claimant's service was unbroken until termination, but the termination was not unfair. The claimant is not entitled to compensation for unfair dismissal.
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Okiya Omtatah Okoiti v Ministry of Health & 5 others;Pharmacy & Poisons Board (Interested Party) [2019] KEELRC 1996 (KLR)
✦ The application is dismissed with costs.
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Dorcas Wangari Kamau v Nitin Pandya & another [2019] KEELRC 1942 (KLR)
✦ The Court finds that the termination was based on a valid reason but flawed on procedure. The Respondent shall pay the Claimant equivalent of 3 months' salary in compensation for unfair termination and salary for the month of September 2013.
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Crispus Mavuthi Kathuma v Inspector General & 2 others [2019] KEELRC 1828 (KLR)
✦ The Petition is struck out.
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Boniface Mwangangi Mwenga v Aegis (K) Limited t/a Leoprard Beach Resort & Spa [2019] KEELRC 1972 (KLR)
✦ The application is granted on the condition that the Respondent pays the Claimant's thrown away costs of Kshs 15,000 within 7 days, and the case will proceed to deliver judgment if the condition is not met.
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Okiya Omtatah Okoiti &another; v KEMRI Board of Management, Director & 4 others; Salaries and Remuneration Commission(Interested Party) [2019] KEELRC 1946 (KLR)
✦ The Court finds the failure to pay health allowances discriminatory and unconstitutional.
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Minnie Mbue v Jamii Bora Bank Limited & another [2019] KEELRC 2048 (KLR)
✦ Proclamation dated 17.07.2018 is nullified
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Boniface Musyoki Kimoni v Standard Chartered Bank of Kenya Limited [2019] KEELRC 1987 (KLR)
✦ The application for interlocutory injunction is alien to the dispute before the court and cannot be granted.
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Baret Boyo Burudi v OWL Alarms [K] Limited; Prime Bank [K] Limited(Interested Party) [2019] KEELRC 1923 (KLR)
✦ The Court finds the Respondent not truthful in holding that it was not served with Summons, Statement of Claim, and other Notices requiring Court attendance.
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Kenya Tea Growers Association v Kenya Plantations and Agricultural Workers Union [2019] KEELRC 1933 (KLR)
✦ The court dismissed the application, finding that the union was not in contempt of court and that sequestration against the union was not appropriate.
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Kenya Private Universities Workers Union v Presbyterian University of East Africa [2019] KEELRC 2014 (KLR)
✦ The court finds that the first application for contempt of court is not merited due to doubt regarding the service of the court order.
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Duncan Muli v Suntrek Tours &Travel; Limited [2019] KEELRC 2029 (KLR)
✦ The court finds the claimant entitled to a sum of Kshs.364,425.75, a certificate of service, and the respondent's costs.
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Kenya Concrete Structural Ceramics Tiles Woodply & Interiors Designs Workers Union v Landmark Holdings [2019] KEELRC 2040 (KLR)
✦ The ex parte orders are set aside, and the respondent is ordered to pay the claimant’s partial costs of the suit.
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Julius Michael Ooko v Tata Chemicals Magadi Limited [2019] KEELRC 2015 (KLR)
✦ The court finds that the claimant voluntarily resigned and is not entitled to service pay.
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Joyce Sang v Sumaria Industries Limited [2019] KEELRC 1973 (KLR)
✦ The Court finds no merit in the claim and dismisses the cause with no order as to costs.
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Bakery, Confectionery, Food Manufacturing and Allied Workers’ Union (K) v Brava Food Industries Ltd [2019] KEELRC 2028 (KLR)
✦ The court dismissed the claimant union's memorandum of claim and ordered each party to bear their own costs.
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Patrick Mutuku Kamami v Kenya Toner & Ink Suppliers Ltd [2019] KEELRC 1963 (KLR)
✦ The Court orders the Respondent to pay the Claimant arrears of underpaid salary at Kshs. 55,543.
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Amalgamated Union of Kenya Metal Workers v Jaykay Mechanical Engineering Limited [2019] KEELRC 1925 (KLR)
✦ The Respondent must enter into collective bargaining with the Claimant and conclude and register a CBA within 90 days of this judgment. The Respondent must also deduct and remit trade union dues with regard to Employees who are Members of the Claimant Union.
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Roba Jillo Galgalo & 4 others v Trocaire [2019] KEELRC 2043 (KLR)
✦ The claims for pay for extra duties, house allowance, underpayment, transport allowance, and overtime are time barred. The redundancy was not unfair. The claimants are not entitled to payment of benefits for the period served as casuals. The claimants are not entitled to payment of 12 months' salaries in compensation for unfair termination.
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Kenya Union of Sugar Plantation and Allied Workers v Kibos Sugar & Allied Industries Limited [2019] KEELRC 1994 (KLR)
✦ The court finds that the grievants were unlawfully and unfairly constructively dismissed from employment and replaced with new employees for no valid reason and without following a fair procedure.
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Alfred Nathan Mvuko v Hakika Transport Services Limited [2019] KEELRC 2004 (KLR)
✦ Grant a conditional stay of execution
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Bigot Flowers (K) Flowers Limited v Livingstone Oramis Ekirapa [2019] KEELRC 1079 (KLR)
✦ The appeal is partly successful, with the liability apportioned at 50%:50% and the damages reduced to Ksh.65,500.
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Cleophas Omuga v Habo Group of Companies [2019] KEELRC 1910 (KLR)
✦ The termination was substantively and procedurally unfair, and the Claimant is entitled to compensation.