Kenyan case law
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Maina v Thermopark Limited (Employment and Labour Relations Cause 493 of 2018) [2023] KEELRC 2014 (KLR) (4 August 2023) (Judgment)
✦ The termination of the claimant's employment was unfair and the respondent is ordered to pay compensation for unfair termination, deliver the claimant's certificate of service, and pay the claimant's costs of the suit.
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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.
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Bosire v Teachers Service Commission (Petition E014 of 2022) [2023] KEELRC 2024 (KLR) (4 August 2023) (Ruling)
✦ The court dismisses the petition as time-barred and lacks jurisdiction
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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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Hussein & another v Governor, County Government of Mandera & 2 others (Petition E143 of 2023) [2023] KEELRC 1882 (KLR) (4 August 2023) (Ruling)
✦ The application will fail with costs in the cause, and the main petition will be expedited for hearing and determination.
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Ireri v AMREF Health Africa & another (Cause 187 of 2019) [2023] KEELRC 2013 (KLR) (4 August 2023) (Judgment)
✦ The termination was not for illness, but for the termination notice period. The suit is dismissed as unjustified.
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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 Engineering Workes Union v Electro Technologies Limited (Cause E922 of 2021) [2023] KEELRC 1931 (KLR) (4 August 2023) (Ruling)
✦ The respondent’s application to set aside the judgment and dismiss the suit is dismissed. The court orders the respondent to deduct union dues and sign a recognition agreement with the claimant.
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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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Wachira Builders Limited v Lwiki (Employment and Labour Relations Appeal E048 of 2021) [2023] KEELRC 2011 (KLR) (4 August 2023) (Judgment)
✦ The trial court's decision is found to have been a nullity and in which case there is no valid trial court decision upon which the grounds in the memorandum of appeal would be urged and considered.
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Transport Workers Union (K) v Saudi Arabian Airlines (Employment and Labour Relations Cause 795 of 2019) [2023] KEELRC 2068 (KLR) (4 August 2023) (Judgment)
✦ The court finds that the claimant has not proved its claim and declines the prayers for declaration and remittance of dues.
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Kenya Union of Comercial Food and Allied Workers v Murang’a Farmers Cooperative Union Limited (Cause E042 of 2022) [2023] KEELRC 1895 (KLR) (1 August 2023) (Judgment)
✦ The claimant is entitled to the reliefs sought.
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Githaiga v Rugi Farmers Co-operative Society Limited (Employment and Labour Relations Appeal E020 of 2022) [2023] KEELRC 1894 (KLR) (1 August 2023) (Judgment)
✦ The court finds that the appellant was employed on a casual basis but his continuous service converted him into a permanent employee. The termination was unfair and without prior notice.
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Mutahi v County Government of Kirinyaga & 3 others (Cause E048 of 2021) [2023] KEELRC 1992 (KLR) (1 August 2023) (Judgment)
✦ The court held that the claimant absconded her work and did not face a constructive dismissal.
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Nthiga v County Government of Embu & another (Employment and Labour Relations Petition 15 of 2017) [2023] KEELRC 1913 (KLR) (1 August 2023) (Ruling)
✦ The court sets aside the order of committal to civil jail and grants leave to the applicants to settle the outstanding decretal sum by two equal instalments
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Kenya Union of Clinical Officers v Kirinyaga County Public Service Board; Public Service Commission & another (Interested Parties) (Miscellaneous Application E002 of 2021) [2023] KEELRC 1914 (KLR) (1 August 2023) (Ruling)
✦ The court has jurisdiction to review and vary the order of stay pending appeal.
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Kenya Union of Pre-Primary Education Teachers v Secretary, Laikipia County Public Service Board & another (Employment and Labour Relations Cause 14 of 2020) [2023] KEELRC 2003 (KLR) (1 August 2023) (Ruling)
✦ The Court found the application merited and ordered the Respondents to issue Lucy Wanjiku Waweru with an appointment letter.
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Okuku v SGA Mombasa Limited (Appeal E083 of 2022) [2023] KEELRC 1941 (KLR) (1 August 2023) (Judgment)
✦ The court held that the appellant was unfairly terminated and should be allowed to continue employment until his 60th birthday.
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Sinohydro Corporation Limited v Gufu & 34 others (Appeal E001, E002 & E035 of 2022 (Consolidated)) [2023] KEELRC 2002 (KLR) (1 August 2023) (Ruling)
✦ The Court has jurisdiction to admit additional evidence, but the supplementary Record of Appeal does not meet the threshold for admission as new evidence
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Dharmadhikhari v Professional Media Africa Limited (Cause 622 of 2017) [2023] KEELRC 1836 (KLR) (31 July 2023) (Ruling)
✦ Leave granted to appeal out of time, stay of execution granted subject to deposit of funds
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Kenya Plantations and Agricultural Workers Union v Kakuzi Limited (Cause 973 of 2015) [2023] KEELRC 2001 (KLR) (31 July 2023) (Judgment)
✦ The Court found the termination procedurally unfair and ordered the reinstatement of the Grievants without loss of benefits.
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Cherono v Valley Hospital Limited (Employment and Labour Relations Appeal E007 of 2022) [2023] KEELRC 1950 (KLR) (31 July 2023) (Judgment)
✦ Appeal dismissed, no order of costs
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Rukwaro v CIC Insurance Group Limited (Cause 1626 of 2015) [2023] KEELRC 1885 (KLR) (31 July 2023) (Judgment)
✦ The termination was unfair and unlawful due to gross misconduct involving fraud.
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Chege v Cool Rivers Hotel Limited (Cause 304 of 2014) [2023] KEELRC 1975 (KLR) (31 July 2023) (Judgment)
✦ The dismissal of the Claimant by the Respondent was wrongful, unfair, and unlawful.
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Kitanzi v Seneca International Limited (Cause 1569 of 2016) [2023] KEELRC 1891 (KLR) (31 July 2023) (Ruling)
✦ The court dismisses the application with no order as to costs