Kenyan case law
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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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Kajuju v Trustees of the Kenya Railways Staff Retirement Benefits Scheme (Cause E957 of 2021) [2024] KEELRC 1935 (KLR) (18 July 2024) (Judgment)
✦ The suit is unmerited and dismissed with costs.
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Ronoh v Kenya Electricity Generating Company PLC (KENGEN) & another (Employment and Labour Relations Petition E014 of 2023) [2024] KEELRC 1880 (KLR) (18 July 2024) (Judgment)
✦ The Petitioner is entitled to damages of Khs 1 million for breach of her rights under Article 28 and 41 of the Constitution.
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Kenya Union of Commercial Food and Allied Workers v Gusii Water & Sanitation Company (Cause 3 of 2022) [2024] KEELRC 1866 (KLR) (18 July 2024) (Judgment)
✦ The Claimant's proposals are adopted as the terms of service for the Respondent's unionisable employees for 24 months from 1st July, 2024.
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Guantai v Great Lakes Ports Limited (Cause 5 of 2019) [2024] KEELRC 1893 (KLR) (18 July 2024) (Ruling)
✦ The application for stay of execution is granted, and the decretal sum is deposited in court pending the appeal.
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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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Njimia Mombasa Pharmaceuticals Limited v Mwasi (Appeal E129 of 2023) [2024] KEELRC 1881 (KLR) (18 July 2024) (Ruling)
✦ The Court granted the Appellant’s application for a stay of execution of the trial Court’s decree on condition that the Appellant deposits the entire decretal sum within 21 days of this ruling and files and serves a complete record of appeal within 60 days from the date of this ruling.
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Kiruki v Africa Film & Talent Training Institute (Cause E930 of 2023) [2024] KEELRC 1867 (KLR) (18 July 2024) (Judgment)
✦ The court finds that the termination of the Claimant's employment was neither substantively justifiable nor procedurally fair.
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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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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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Oduor v Board of Management Makongeni Secondary School (Cause 2136 of 2017) [2024] KEELRC 1855 (KLR) (17 July 2024) (Judgment)
✦ The suit is statute barred and the termination of employment was not unlawful. The Claimant is not entitled to the reliefs sought.
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Gitaari v Kenya Hospital Association t/a The Nairobi Hospital (Cause E898 of 2021) [2024] KEELRC 1846 (KLR) (17 July 2024) (Judgment)
✦ The suit is found without merit and is hereby dismissed with costs.
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Nyamai v Naivasha Rocky Eco-Lodge aka Rocky Resort; Elima Art Depot Limited (Objector) (Employment and Labour Relations Cause E003 of 2023) [2024] KEELRC 1862 (KLR) (17 July 2024) (Ruling)
✦ The court finds the Preliminary Objection lacks merit and dismisses it with costs.
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Wangalwa v County Assemblies Forum (CAF) & 2 others (Employment and Labour Relations Petition E069 of 2023) [2024] KEELRC 1888 (KLR) (17 July 2024) (Judgment)
✦ The termination of the petitioner was unfair and unprocedural due to lack of procedural fairness.
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Wahome v Lupra Manpower & Human Resource Services Limited & another (Cause 924 of 2017) [2024] KEELRC 1852 (KLR) (16 July 2024) (Ruling)
✦ The court found that the auctioneer, Mr. Jeremiah Kiarie Muchendu, is in contempt of court and ordered him to be committed to civil jail for such period as would be deemed necessary or be fined by the court.
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Ombajo v Institute of Certified Public Accounts of Kenya (ICPAK) (Employment and Labour Relations Cause 224 of 2014) [2024] KEELRC 1865 (KLR) (16 July 2024) (Ruling)
✦ The court awards the claimant 8 months' salary for unlawful termination, 1 month's salary in lieu of notice, and 52 leave days. The claimant is also awarded 5 days' salary for March 2014. The court orders the respondent to pay the claimant's costs and interest from the date of the judgment.
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Oloo v Ndege, Secretary General Union of Kenya Civil Servant & 2 others; Wangui (Interested Party) (Employment and Labour Relations Petition E013 of 2023) [2024] KEELRC 1885 (KLR) (16 July 2024) (Ruling)
✦ The court ordered a stay of execution of the judgment pending the filing, hearing, and determination of the appeal.
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Wahome v Lupra Manpower & Human Resource Services Limited & another (Cause 924 of 2017) [2024] KEELRC 1851 (KLR) (16 July 2024) (Ruling)
✦ The 2nd Respondent's Notice of Motion is unmerited and dismissed with no orders as to costs
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Kenya Union of Domestic, Hotels, Educational Institutions, Hospitals and Allied Workers v Management of the Blessed Virgin Mary Loreto Sisters, the East Africa Province (Cause 2247 of 2017) [2024] KEELRC 1856 (KLR) (16 July 2024) (Judgment)
✦ The court held that the termination of the grievants' employment was unfair.
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Ntiyeine v Kenya Pipeline Company Limited & another (Employment and Labour Relations Cause E782 of 2022) [2024] KEELRC 1857 (KLR) (16 July 2024) (Ruling)
✦ The court must conduct a judicial inquiry to determine if the person in question is incapable of protecting their own interests.
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Universities Academic Staff Union, Egerton University Branch/Chapter v Egerton University & 2 others; Universities Academic Staff Union (Interested Party) (Employment and Labour Relations Cause E024 of 2023) [2024] KEELRC 1864 (KLR) (16 July 2024) (Ruling)
✦ The court ordered the Respondents to pay the Claimant Kshs 14,771,331.85 in arrears.
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Matanda v Pathfinder International Kenya (Cause E184 of 2023) [2024] KEELRC 1800 (KLR) (15 July 2024) (Judgment)
✦ The Claimant's probation ended at the end of December 2022, and the purported suspension and extension of probation were unlawful and ineffectual.
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Chanai & 26 others v Jack & Jill Supermarkets Ltd (Cause 925A of 2014) [2024] KEELRC 1853 (KLR) (15 July 2024) (Ruling)
✦ The Taxing Master's assessment of instructions fees under items 1 and 2 in the Bill of Costs is set aside and the matter is remitted to a different Taxing Master for taxation based on the observations in this decision.
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Kenya Union of Road Constructors and Civil Engineering Workers v H. Young and Company (EA) Limited (Cause E904 of 2022) [2024] KEELRC 1806 (KLR) (15 July 2024) (Ruling)
✦ The Respondent's Notice of Preliminary Objection is dismissed.
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Ochieng v NCBA Bank Kenya PLC (Cause E630 of 2022) [2024] KEELRC 1823 (KLR) (12 July 2024) (Judgment)
✦ The Court found that the Claimant was not terminated from employment but rather resigned. The Claimant's claim for unfair/unlawful termination, severance pay, and accrued leave was dismissed.