Kenyan case law
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Mwendwa v Oxfam GB Kenya Programme (Cause 1600 of 2013) [2023] KEELRC 1952 (KLR) (16 August 2023) (Judgment)
✦ The Court found that the dismissal was not fair and justified, and the Claimant was entitled to the remedies sought.
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Mwala v Aga Khan University (Cause 1437 of 2018) [2023] KEELRC 2055 (KLR) (11 August 2023) (Judgment)
✦ The termination was unfair and unlawful, and the Claimant is entitled to reinstatement and compensation.
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Metobo v Public Sector Accounting Standards Board (Cause E380 of 2022) [2023] KEELRC 1949 (KLR) (11 August 2023) (Judgment)
✦ The Claimant is not entitled to the prayers sought and the Claim is dismissed in its entirety.
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Kisongochi v Fortcom Holdings Ltd (Employment and Labour Relations Cause 2337 of 2017) [2023] KEELRC 2069 (KLR) (9 August 2023) (Ruling)
✦ The respondent's application for stay of execution is dismissed with costs
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Ngure v Steel Structures Limited (Employment and Labour Relations Cause 1089 of 2016) [2023] KEELRC 2070 (KLR) (9 August 2023) (Judgment)
✦ The Court held that the Claimant was an employee and not a casual labourer, and that his termination was unfair.
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Kanake v Kenya Film Commission & another (Employment and Labour Relations Cause E014 of 2023) [2023] KEELRC 2005 (KLR) (9 August 2023) (Ruling)
✦ The court held that the leave granted to commence judicial review proceedings should operate as a stay to the applicant's interdiction.
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Kenya County Government Workers Union v County Public Service Board of Kiambu (Employment and Labour Relations Cause 1068 of 2015) [2023] KEELRC 2007 (KLR) (9 August 2023) (Ruling)
✦ The court holds the respondents are in contempt of court for disobeying the court order directing that the respondent pays the seventeen grievants the total sum of Kshs 1,186,347.
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M’ikiugu v Principal Secretary Ministry of National Treasury & Planning & another (Cause E1214 of 2018) [2023] KEELRC 2035 (KLR) (8 August 2023) (Judgment)
✦ The Court held that the Claimant was not unlawfully terminated and dismissed her claims.
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Onguso v Sarova Panafric Hotels Ltd (Employment and Labour Relations Cause 2345 of 2017) [2023] KEELRC 1978 (KLR) (8 August 2023) (Judgment)
✦ Claimant was lawfully terminated and absconded from duty
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Kutu v Anaali Kenya Ltd (Employment and Labour Relations Cause E128 of 2021) [2023] KEELRC 2061 (KLR) (8 August 2023) (Judgment)
✦ The court held that there was no employment relationship between the Claimant and the Respondent.
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Odhiambo v Nanchang Engineering Company Ltd (Employment and Labour Relations Cause 1298 of 2016) [2023] KEELRC 2062 (KLR) (8 August 2023) (Judgment)
✦ The Court finds that the Claimant's employment was constructively dismissed and that the Respondent's actions were unlawful and inhumane.
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Nyagah v Governor Nairobi City County & 4 others (Employment and Labour Relations Cause E135 of 2022) [2023] KEELRC 2064 (KLR) (8 August 2023) (Ruling)
✦ The court dismissed the preliminary objections and declared that the petition is not a legal nullity.
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Republic v Cooperative Bank of Kenya Limited & 2 others; Kenya Union of Water and Sewage Employees (Exparte Applicant) (Judicial Review E017 of 2023) [2023] KEELRC 1880 (KLR) (4 August 2023) (Judgment)
✦ The application is dismissed, and the applicant is ordered to personally meet the costs of the proceedings.
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Esevwe v University of Nairobi (Cause E458 of 2022) [2023] KEELRC 2016 (KLR) (4 August 2023) (Ruling)
✦ The preliminary objection will fail and the costs in the cause will be awarded to the claimant.
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Shigoli v Riara Group of Schools Limited (Cause E433 of 2022) [2023] KEELRC 2017 (KLR) (4 August 2023) (Judgment)
✦ The court finds in favor of the claimant, awarding her a bonus of Kshs 933,100.00 and costs of the suit.
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Ambani v Funscapes Ltd (Employment and Labour Relations Cause 2426 of 2017) [2023] KEELRC 2067 (KLR) (4 August 2023) (Judgment)
✦ The court held that the termination was unlawful and awarded compensation and other remedies.
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Ndungu v International Center for Policy and Conflict (Cause 580 of 2018) [2023] KEELRC 2015 (KLR) (4 August 2023) (Judgment)
✦ The Court declares the termination of the contract unfair and orders the Respondent to pay the Claimant Kshs.756,650 as compensation for unfair termination.
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Makokha v National Police Service Commission & 3 others (Petition E032 of 2023) [2023] KEELRC 1881 (KLR) (4 August 2023) (Judgment)
✦ Judgment is entered for the petitioner, declaring the act of the 3rd respondent in relieving the petitioner of his duties a breach of the petitioner's constitutional rights and quashing the dismissal.
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Ncekei v Koleta Farm Limited (Appeal E148 of 2022) [2023] KEELRC 1934 (KLR) (4 August 2023) (Judgment)
✦ The appeal is dismissed with costs in favour of the respondent.
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Thuo & 4 others v Kenya Union of Commercial Food and Allied Workers; National Hospital Insurance Fund & another (Interested Parties) (Employment and Labour Relations Cause E049 of 2023) [2023] KEELRC 1973 (KLR) (4 August 2023) (Ruling)
✦ Preliminary objections are dismissed as not merited
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Otieno v University of Nairobi (Employment and Labour Relations Appeal E044 of 2022) [2023] KEELRC 2012 (KLR) (4 August 2023) (Judgment)
✦ The court finds that the appellant’s casual service sporadically converted and that the remedies claimed and prayed for were unjustified.
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Marakalu & another v Kenya Ports Authority (Cause E056 of 2023) [2023] KEELRC 1937 (KLR) (4 August 2023) (Judgment)
✦ The claims are found without merit and dismissed
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Kenya Medical Practitioners’ Pharmacists and Dentists Union & 2 others v Registrar of Trade Unions & 2 others; Commissioner for Labour & 5 others (Interested Parties) (Appeal E087 of 2022 & Petition E194 of 2022 (Consolidated)) [2023] KEELRC 2025 (KLR) (4 August 2023) (Ruling)
✦ The Court finds the Registrar in contempt for failing to comply with a previous court order to register the union's officials.
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Kenya Union of Domestic, Hotel, Educational Institutions Hospitals & Allied Workers v Strami Cleaning Company (Employment and Labour Relations Cause 1451 of 2016) [2023] KEELRC 2008 (KLR) (4 August 2023) (Ruling)
✦ The court found the claimants are underpaid and ordered them to provide statements to demonstrate the amounts claimed.
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Maingi v AG & 4 others (Petition 108 of 2017) [2023] KEELRC 2063 (KLR) (4 August 2023) (Ruling)
✦ The court declares the suit is not time barred and orders the case to be heard in full.