Kenyan case law
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Kenya Union of Sugar Plantation and Allied Workers v West Kenya Sugar Company Limited (Cause 14 of 2021) [2022] KEELRC 1394 (KLR) (13 July 2022) (Ruling)
✦ The court clarifies the applicable Collective Bargaining Agreement and the exact dates of conversion, and directs parties to file agreed tabulations or adopt the Claimant's tabulation.
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Kanyi v Gatimu Secondary School & another (Cause 463 of 2014) [2022] KEELRC 1323 (KLR) (13 July 2022) (Judgment)
✦ The court denies the Claimant's claims and orders the issuance of a certificate of service to the Claimant.
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Ondiek v Peter Gougus & Alice Chemirmir t/a Nakuru Teachers Training College (Cause 78 of 2015) [2022] KEELRC 1328 (KLR) (13 July 2022) (Ruling)
✦ The entire claim by the Claimant is hereby struck out and each party ordered to meet own costs.
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Director General, Kenya School of Government & Director, Baringo Campus v Jebet (Employment and Labour Relations Appeal E007 of 2021) [2022] KEELRC 1183 (KLR) (13 July 2022) (Ruling)
✦ Both the Appellant and the Respondent are to blame for the delay in having the appeal and cross-appeal heard and determined. The Appellant is ordered to take appropriate steps in prosecuting the appeal, and the Respondent is ordered to prosecute the cross-appeal.
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Kamande & another (Suing as Administrators and Personal Representatives of the Estate of Josephat Macharia Muigai - Deceased) v ACE Freight Limited (Cause 2204 of 2017) [2022] KEELRC 1275 (KLR) (12 July 2022) (Judgment)
✦ The Court has jurisdiction to hear the case. The Respondent had taken steps to ensure the deceased's safety, but the deceased was found negligent.
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Kibore v National Oil Corporation of Kenya (Cause 1993 of 2017) [2022] KEELRC 1291 (KLR) (12 July 2022) (Ruling)
✦ The court will proceed with questions on the issue of termination as pleaded by the parties, and the claimant may answer the questions put by the respondent's counsel.
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Onyango v Judicial Service Commission & another (Cause E52 of 2021) [2022] KEELRC 1248 (KLR) (12 July 2022) (Judgment)
✦ The Claimant was unfairly dismissed and the disciplinary process was flawed.
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Kenya Plantation & Agricultural Workers Union v Migotiyo Plantations Limited (Cause 976 of 2016) [2022] KEELRC 1358 (KLR) (12 July 2022) (Ruling)
✦ The court found that the Respondent/Applicant has not established a case for review of the Judgement and that the number of claimants eligible for compensation was not raised by any of the parties in the proceedings or submissions.
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Lintons Place Limited v Kamau (Appeal E064 of 2022) [2022] KEELRC 1287 (KLR) (12 July 2022) (Ruling)
✦ A stay is granted on condition that the Appellant deposits the entire decretal sum in an interest earning account in the joint names of the Advocates for the parties herein within 14 days of today
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Okova v Kenya Pipeline Company Limited (Cause 192 of 2020) [2022] KEELRC 1292 (KLR) (12 July 2022) (Ruling)
✦ The Respondent's delay is due to inadvertence and illness, and the Court grants the extension of time
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Owuor & others v Registrar of Trade Unions; Emisembe (Suing on behalf of Kenya Union of Technical and Vocational Education Trainers) (Applicant); Sebastian Lidigu & 2 others (Interested Parties) (Appeal 26 of 2016) [2022] KEELRC 1290 (KLR) (12 July 2022) (Ruling)
✦ The court transfers the case to the Employment and Labour Relations Court at Kisumu where it will abide the outcome in the appeal alongside the matter at the ELRC Court Kisumu.
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Makau v I & M Bank Limited (Cause E575 of 2020) [2022] KEELRC 1179 (KLR) (12 July 2022) (Ruling)
✦ Respondent is granted leave to amend its pleadings
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Ochiel v Mijoro & 2 others (Cause 113 of 2019) [2022] KEELRC 1303 (KLR) (12 July 2022) (Judgment)
✦ The Court finds in favor of the Claimant for salary arrears, service pay, accrued leave days, and 6 months' compensation. Interest is awarded on the sums in (a), (c), (d), and (e) at court rates, and on (b) at commercial rates. A P9 is ordered for the Claimant within 15 days of payment of KRA taxes.
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Githanga & 3 others v County Government of Nyandarua (Cause 358 of 2016) [2022] KEELRC 1348 (KLR) (12 July 2022) (Judgment)
✦ The respondent breached the employment contract by paying less than the stipulated House allowance. The respondent is ordered to pay Kshs.1 million in damages and to seek concurrence with the SRC to correct the mistakes already done in altering the House allowance.
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Karichu v Tea Holdings Ltd (Cause 1894 of 2017) [2022] KEELRC 1277 (KLR) (8 July 2022) (Judgment)
✦ The Court found the claimant's termination to be unfair and unlawful.
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Gumbo v Teo’s Company Limited (Cause 322 of 2018) [2022] KEELRC 1196 (KLR) (8 July 2022) (Judgment)
✦ Claimant is declared redundant and awarded Kshs. 234,615, including salary arrears, notice pay, severance pay, and costs.
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Gonna v Mistry V.Naran Mulji & Co (Appeal 81 of 2021) [2022] KEELRC 1369 (KLR) (8 July 2022) (Judgment)
✦ The appeal is dismissed with costs.
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Haller Foundation (Baobab Trust) v Mwanzighe & 8 others (Appeal 20 of 2022) [2022] KEELRC 1197 (KLR) (8 July 2022) (Judgment)
✦ The appeal is allowed, and the trial court's awards are found unjustified.
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Tuwot & 227 others & another v East African Portland Cement PLC (Cause 2119 of 2014) [2022] KEELRC 1264 (KLR) (8 July 2022) (Ruling)
✦ The Court finds that the Claimant is a beneficiary of the judgment and the correct amount payable to each grievant is as per the schedule attached to the affidavit of Adan. The total number of grievants is 693.
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Oratah v Hornbill Pub Limited (Cause 1781 of 2016) [2022] KEELRC 1265 (KLR) (8 July 2022) (Ruling)
✦ The court grants leave to amend the claim
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Kariuki v County Government of Mombasa (Cause 696 of 2016) [2022] KEELRC 1364 (KLR) (8 July 2022) (Judgment)
✦ Judgment is entered for the claimant, awarding reinstatement to the payroll, payment of withheld salary and benefits, and costs.
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Gonzi & 5 others v Kenya Shipping Clearing Freight Logistics Warehouses Workers Union & another (Cause 6 of 2020) [2022] KEELRC 1366 (KLR) (8 July 2022) (Judgment)
✦ The court orders the union to render full and true accounts of its management and affairs, including audited accounts for the period between March 13, 2015, and the date of the judgment, to be filed in court and served on the claimants by December 1, 2022.
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Kotut & 3 others v Attorney General & 2 others (Petition 63 & 42 of 2015 & 67 of 2017 & 93 of 2016 (Consolidated)) [2022] KEELRC 1253 (KLR) (8 July 2022) (Ruling)
✦ Affidavits are competent and properly before the court
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Kenya Union of Commercial Food and Allied Workers v Eco-Pillar Sacco Society Limited (Cause 52 of 2020) [2022] KEELRC 1128 (KLR) (8 July 2022) (Judgment)
✦ The dismissal was justifiable as the grievants admitted the accusation, made good the loss, and tendered an apology.
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Itolondo v Vice Chancellor of Kenyatta University (Miscellaneous Application E069 of 2022) [2022] KEELRC 1254 (KLR) (8 July 2022) (Ruling)
✦ The Court finds the Grounds of Objection to be without merit and dismisses them with no order