Kenyan case law
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Jiangxi Transportation Engineering Group Ltd v Karweru & Co. Advocates (Miscellaneous Application E011 of 2022) [2024] KEELRC 1873 (KLR) (19 July 2024) (Ruling)
✦ The court has jurisdiction to entertain the application for leave to extend the time fixed for filing a reference to challenge a decision by a Taxing Officer on a Bill of Costs.
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Gichuki v Lalji Ramji Filing Station Ltd & another (Employment and Labour Relations Appeal E10 of 2023) [2024] KEELRC 1903 (KLR) (19 July 2024) (Judgment)
✦ The court dismissed the appeal, affirming the trial court's decision.
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Karanja v ADN Security Ltd (Appeal E012 of 2023) [2024] KEELRC 1902 (KLR) (19 July 2024) (Judgment)
✦ The court finds that the appellant did not prove a case of summary dismissal and dismissed the entire suit with costs.
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Mwai v Semi-Conductor Technologies Ltd (Cause E001 of 2023) [2024] KEELRC 1956 (KLR) (19 July 2024) (Ruling)
✦ The application is not merited due to inordinate delay and the claimant's ability to refund the decretal sum if the appeal succeeds.
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Mwangemi v Mawingo Construction 2010 Limited (Cause 235 of 2015) [2024] KEELRC 1894 (KLR) (18 July 2024) (Ruling)
✦ The application is allowed, and the sum of Kshs. 426,056 deposited in court by the Respondent is released unconditionally to the Claimant's firm.
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Sawe v Ekaterra Tea Kenya PLC (Employment and Labour Relations Cause E012 of 2023) [2024] KEELRC 1870 (KLR) (18 July 2024) (Judgment)
✦ The dismissal was found to be unfair and the claimant is entitled to compensation
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Chauvel v Hazizi (Appeal E012 of 2023) [2024] KEELRC 1892 (KLR) (18 July 2024) (Judgment)
✦ The Court finds that Hazizi was not an employee of the Appellant and dismisses his suit.
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Ali v SBM Bank (Kenya) Limited (Cause E010 of 2024) [2024] KEELRC 1955 (KLR) (18 July 2024) (Judgment)
✦ The employment was terminated fairly, and the claimant is ordered to repay the loan facility with interest.
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Omwega v Technical University of Mombasa (Cause E004 of 2024) [2024] KEELRC 2086 (KLR) (18 July 2024) (Ruling)
✦ The application is dismissed as the respondent's failure to attend court was not due to a clerical error, and the respondent is not entitled to recall the claimant for cross-examination or be granted an opportunity to defend the claim.
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Onyango v Speaker County Assembly of Migori & 2 others (Cause E088 of 2023) [2024] KEELRC 1863 (KLR) (18 July 2024) (Ruling)
✦ The motion is dismissed with no orders on costs.
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Melly v Mogogosiek Tea Factory Company Ltd (Employment and Labour Relations Cause 74 of 2018) [2024] KEELRC 1858 (KLR) (18 July 2024) (Ruling)
✦ The application for reissuance of a certificate of delay is granted with costs
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Shamwata v Chairman Governing Council Kenya Water Institute (Employment and Labour Relations Cause 2637 of 2016) [2024] KEELRC 1899 (KLR) (18 July 2024) (Ruling)
✦ The court finds the respondent's tabulation accurate and awards the claimant Kshs 929,303/- for the underpayment.
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Lugusa & 69 others v TSS Grain Millers Ltd & 2 others (Cause 137 of 2022) [2024] KEELRC 1884 (KLR) (18 July 2024) (Ruling)
✦ The application is dismissed, and the suit documents are struck off.
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Theobald v Osani Community Health and Development Centre (Cause E005 of 2023) [2024] KEELRC 1871 (KLR) (18 July 2024) (Judgment)
✦ The Claimant was an employee, not an independent contractor.
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Kenya Chemical Workers Union v Kenya Flexgrovure Limited (Cause 127 of 2016) [2024] KEELRC 1897 (KLR) (18 July 2024) (Ruling)
✦ The court found the respondent in contempt and ordered the named directors to appear before the court and purge the contempt.
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Odalo v Technical University of Mombasa (Cause E005 of 2024) [2024] KEELRC 2087 (KLR) (18 July 2024) (Ruling)
✦ Application is dismissed without merit, claimant awarded costs of Ksh.50,000
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SGA Security Solutions Limited v Inonda (Appeal E050 of 2023) [2024] KEELRC 1883 (KLR) (18 July 2024) (Judgment)
✦ The appeal is successful, and the Respondent is awarded compensation for unfair termination, notice pay, and leave pay.
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Petrocity Enterprises Limited v Shimoka (Appeal E014 of 2024) [2024] KEELRC 2083 (KLR) (18 July 2024) (Judgment)
✦ The appeal is dismissed with costs, as the trial court's findings and award are upheld.
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Lusaka v Lachlan Kenya Limited (Miscellaneous Cause E265 of 2023) [2024] KEELRC 2062 (KLR) (18 July 2024) (Ruling)
✦ The Court grants a stay of proceedings to permit the ventilation of the objection before the Director.
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Mbuchi v Software Group Kenya (Cause E718 of 2021) [2024] KEELRC 1934 (KLR) (18 July 2024) (Judgment)
✦ The dismissal was unfair and unlawful, and the Claimant is entitled to compensation and reinstatement.
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Onyiego v Wire Products Limited (Employment and Labour Relations Cause 69 of 2018) [2024] KEELRC 1896 (KLR) (18 July 2024) (Judgment)
✦ The court finds the claimant entitled to payment in lieu of leave days not taken for a period of four years as claimed in the sum of Kshs. 53,424/=
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Merwe v Technomed Limited (Employment and Labour Relations Petition E002 of 2024) [2024] KEELRC 1947 (KLR) (18 July 2024) (Judgment)
✦ The court finds the petitioner not to be an employee of the respondent and dismisses the petition.
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Ombati v Governor, Nyamira County & another (Petition E024 of 2023) [2024] KEELRC 1878 (KLR) (18 July 2024) (Judgment)
✦ The petition is incompetent and the Court erred in law in determining the petition.
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PN Mashru Limited v Kahiga (Appeal E057 of 2023) [2024] KEELRC 2082 (KLR) (18 July 2024) (Judgment)
✦ The appeal is dismissed with costs to the respondent
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Republic v County Government of Siaya & 2 others; Olute (Exparte Applicant) (Judicial Review Application E012 of 2024) [2024] KEELRC 1868 (KLR) (18 July 2024) (Judgment)
✦ The court found that the applicant has established grounds to warrant orders of mandamus.