Kenyan case law
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Ben Murage Njogu v Ramani Warehouse Limited [2021] KEELRC 1907 (KLR)
✦ The decision to send the Claimant on unpaid leave is unfair and amounts to unlawful termination of employment.
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Banking Insurance and Finance Union (Kenya) v Paramount Universal Bank Kenya Ltd [2021] KEELRC 1886 (KLR)
✦ The court declares that the claimant is entitled to agency fees from all unionisable employees of the respondent who are not members of the union and orders the respondent to remit these fees to the claimant.
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Peter Patrick Musuya Furaha v Kenya Power and Lighting Company PLC [2021] KEELRC 1877 (KLR)
✦ The court finds the motion without merit and dismisses it with costs.
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Elizer Musambi Nyongesa versus Subaru Kenya Limited [2021] KEELRC 1909 (KLR)
✦ The Court finds no merit in the claim and dismisses it with costs.
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Kenya Union of Commercial, Food & Allied Workers v Sibo Water & Sanitation Co Ltd [2021] KEELRC 1911 (KLR)
✦ The Court finds the disciplinary process procedurally unfair and dismisses the dismissal.
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Kenya Union of Commercial, Food& Allied Workers v Attorney General & another; Central Organisation of Trade Unions (Interested Party) [2021] KEELRC 1902 (KLR)
✦ The Court finds the challenge to the constitutionality of section 54(1) of the Labour Relations Act within the context of the right of access to employers' premises misplaced. The Court finds no merit in the Petition and it is dismissed.
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Moses Wanjala Lukoye v Cabinet Secretary, Ministry of Education & 6 others; Masinde Muliro University of Science and Technology(Interested Party) [2021] KEELRC 1904 (KLR)
✦ The Court finds and orders that the decision by the 1st Respondent to appoint the 3rd, 4th, 5th, 6th, and 7th Respondents as chairperson and members of the Masinde Muliro University of Science and Technology Council contravened the national values and principles as envisaged under Articles 10 and 232 of the Constitution and is therefore null and void.
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Moses Wanjala Lukoye v Chairman, County Public Service Board of Bungoma & 3 others; Davis Juma & 174 others (Interested Parties) [2021] KEELRC 1906 (KLR)
✦ The Petition is dismissed with costs.
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Antony Walela & 2 others v Emmanuel Situma Mukhebi & 4 others [2021] KEELRC 1903 (KLR)
✦ The Court found that the impeachment process was not strictly complied with the Standing Orders and ordered a declaration that the decision to impeach the Petitioners did not comply with Standing Order no. 62(1), (2) and (3) of the Standing Orders of the County Assembly of Bungoma.
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Kenya Hotels & Allied Workers Union v Le-Savanna Country Lodge & Hotel [2021] KEELRC 1910 (KLR)
✦ The Court dismissed the appeal and upheld the LRC's decision.
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Lucy Atieno Matengo v County Public Service Board, Kisumu & another [2021] KEELRC 1905 (KLR)
✦ The Court finds the termination of the Claimant's contract unfair but declines to award compensation as it was not pleaded. The Claimant is entitled to lost salary and gratuity.
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John Wekesa Khaoya v Chairman, County Public Service Board of Bungoma & 3 others; County Assembly of Bungoma (Interested Party) [2021] KEELRC 1922 (KLR)
✦ The Petition is dismissed with costs to the 2nd and 4th Respondents.
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Emily Esokomi v Wevarsity Sacco Society Limited [2021] KEELRC 1913 (KLR)
✦ The Motion to restrain the Respondent from suspending, surcharging, and interfering with Esokomi's employment is dismissed.
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John Okoth Ochieng v Kibos Sugar & Allied Industries Ltd [2021] KEELRC 1926 (KLR)
✦ The Court finds the termination fair and justifies it as a valid and fair reason due to the Claimant's dishonesty in issuing delivery notes.
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Elizabeth Awino Otieno v Great Lakes University of Kisumu [2021] KEELRC 1917 (KLR)
✦ The termination of the Claimant's employment was not for valid and fair reasons. The Respondent was in breach of contract in respect to timeous payment of salaries.
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Nyangau Omosa Edzard v Fresh AN Juici Limited [2021] KEELRC 1923 (KLR)
✦ The Court finds that the termination was technically unfair but declines to award compensation or salary in lieu of notice. The Court finds the Respondent in breach of contract regarding accrued leave and awards the Claimant Kshs 9,604/-. The Claimant has only partially succeeded and the Court makes no order on costs.
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Kipkebe Limited v Evans K. Asuga [2021] KEELRC 1916 (KLR)
✦ The Appellant is found partly liable for breach of duty of care/negligence, but the trial court's finding is set aside. The suit is dismissed.
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David Lusweti Wekesa v Rishi Hauliers Limited [2021] KEELRC 1925 (KLR)
✦ The Court finds that the Respondent did not discharge the burden expected of it by sections 43 and 45 of the Employment Act, 2007, and the termination of the Claimant's employment was unfair.
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Carey Francis Onyango v Maseno University; Elizabeth Opito Awino Rapemo & another (Applicants) [2021] KEELRC 1912 (KLR)
✦ The Court allows the Motion and directs the applicants to file and serve an amended Statement of Claim within the next 21 days.
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Eliud Nyaenga Gwaro v Kenya Revenue Authority [2021] KEELRC 1413 (KLR)
✦ The court found the termination of the claimant's employment to be unfair and unlawful.
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Raphael Njuguna Kuria v Seven Seas Technologies Group Limited [2021] KEELRC 1488 (KLR)
✦ Judgment entered on admission of the respondent's debt
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Barnabas Otwani Barasa v Principal Secretary Ministry of Interior & Coordination of National Government & 2 others [2021] KEELRC 1410 (KLR)
✦ Application is dismissed as in abuse of the court process
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Joseph Amwoma v Amos Kimwomi Nyaribo & 2 others; (Interested party) County Assembly of Nyamira [2021] KEELRC 1924 (KLR)
✦ Application dismissed as no merit found
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Abdalla Mohamed Mchinga v Attorney General [2021] KEELRC 1918 (KLR)
✦ The application is dismissed without merit
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Laban Kimutai v Eldoret Club [2021] KEELRC 2340 (KLR)
✦ The Court finds the dismissal fair and procedurally correct, and the Claimant not guilty of the allegations.