Kenyan case law
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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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Oreri v China Road and Bridge Corporation Ltd (Cause 1691 of 2017) [2022] KEELRC 1260 (KLR) (8 July 2022) (Ruling)
✦ The court declines to dismiss the claim and grants the claimant an opportunity to prosecute her matter.
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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
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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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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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Swahili & another v Riley Falcon Security Services Ltd (Cause 151 of 2018) [2022] KEELRC 1187 (KLR) (8 July 2022) (Judgment)
✦ Both claims are dismissed with no order as to costs due to fatal defects in the amended pleadings.
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Were v DHL Exel Supply Chain (K) Ltd (Cause 1759 of 2017) [2022] KEELRC 1278 (KLR) (8 July 2022) (Judgment)
✦ The claimant was entitled to the safeguards available to an employee on a regular term employment and was entitled to notice pay, one month's salary in lieu of notice, and other monetary awards.
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Kenya County Government Workers Union (Nairobi Branch) & 2 others v Nairobi City County & 5 others; Ethic and Anti-corruption Commission & another (Interested Parties) (Cause E068 of 2022) [2022] KEELRC 1256 (KLR) (8 July 2022) (Ruling)
✦ The 1st Respondent is ordered to immediately remit the outstanding authorized third party deductions in respect of the Applicants’ members.
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Kiilu v Standard Chartered Bank (Cause 1213 of 2017) [2022] KEELRC 1263 (KLR) (8 July 2022) (Ruling)
✦ The Application is found to be without merit and is disallowed.
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Njoroge & 3 others v Registrar Trade Unions & 2 others; Juma & another (Interested Parties) (Petition E004 of 2021) [2022] KEELRC 4154 (KLR) (8 July 2022) (Judgment)
✦ The court declared the election on January 31, 2021 invalid and ordered the 2nd respondent to organize and conduct Eldoret branch elections within 60 days of the judgment.
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Ogolla v Ndanyi (Sued as National Chairperson of Young Women’s Christian Association of Kenya on her behalf and on behalf of all members of the Association & another (Cause 48 of 2018) [2022] KEELRC 1368 (KLR) (8 July 2022) (Judgment)
✦ The termination was not unfair or unlawful, and the claimant's prayer for compensation in that regard will collapse. The Court awards Kshs. 86,000 in gratuity and Kshs. 24,000 in notice pay. The claimant is awarded Kshs. 110,000 in total, with a payment deadline and costs.
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Mohamed v Hakika Transport Services Limited (Cause 296 of 2018) [2022] KEELRC 1365 (KLR) (8 July 2022) (Judgment)
✦ The suit is hereby dismissed with no orders on costs.
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Chongwony v County Government of Bungoma (Cause 14 of 2019) [2022] KEELRC 3833 (KLR) (7 July 2022) (Judgment)
✦ The court finds the claim time barred under the Employment Act
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Mariita v Leading Locks & Access System (Cause 2407 of 2017) [2022] KEELRC 1194 (KLR) (7 July 2022) (Judgment)
✦ The termination was procedurally unfair as the Respondent failed to follow the laid down procedure as per contract and failed to accord the Claimant an opportunity to be heard.
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Muyala v Equator Bottlers Limited (Cause E018 of 2020) [2022] KEELRC 1307 (KLR) (7 July 2022) (Judgment)
✦ The court held that the claimant's termination was not fair.
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C. Dorman Limited v Mukhwana (Miscellaneous Application E220 of 2021) [2022] KEELRC 1129 (KLR) (7 July 2022) (Ruling)
✦ The orders granted on 7th December 2021 are set aside, varied or discharged.
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Nderitu v Chase Bank (K) Limited (In Receivership) (Cause 365 of 2017) [2022] KEELRC 1191 (KLR) (7 July 2022) (Ruling)
✦ The Court dismissed the Respondent's Preliminary Objection.
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Ondieki v Works Development Agency & 5 others (Petition E014 of 2021) [2022] KEELRC 1164 (KLR) (7 July 2022) (Ruling)
✦ The Court ordered the implementation of the board's decision to be stayed, and the status quo ante 30th April 2021 to be restored.
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Kibogong v Kenyatta National Hospital Board of Management (Cause 151 of 2014) [2022] KEELRC 1295 (KLR) (7 July 2022) (Judgment)
✦ The employment of the claimant was lawfully terminated by expiration of the contract, and the claimant is not entitled to reinstatement or other reliefs.
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Nyongesa v Masinde Muliro University of Science and Technology & another; Muhehe & 5 others (Interested Parties) (Petition E005 of 2021) [2022] KEELRC 1643 (KLR) (7 July 2022) (Ruling)
✦ The court grants leave to the Petitioner to file and serve an amended petition to join the Chairman of the 1st Respondent.
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Republic v County Secretary, The County Government of Bungoma & 5 others; Kenya County Government Workers Union Bungoma County Branch (Exparte Applicant) (Judicial Review E001 of 2022) [2022] KEELRC 3869 (KLR) (7 July 2022) (Judgment)
✦ The court orders the Respondents to place all the affected employees on payroll and apply the minimum terms and conditions of service as provided under the Employment Act.
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Ambayo v Maseno Mission Hospital & another (Miscellaneous Application E068 of 2021) [2022] KEELRC 1189 (KLR) (7 July 2022) (Ruling)
✦ The court grants the application, allowing the appeal to be filed out of time.
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Omboko v Speaker & Chairperson of Busia County Assembly Service Board & 6 others (Petition E005 of 2020) [2022] KEELRC 14695 (KLR) (7 July 2022) (Ruling)
✦ The application for temporary orders of injunction does not satisfy the threshold for grant of such orders.
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Kenya Council Of Employment And Immigration Agencies & another v Teachers Service Commission & 4 others (Petition 112 of 2016) [2022] KEELRC 1309 (KLR) (7 July 2022) (Judgment)
✦ The court finds that the 1st petitioner has standing to commence the proceedings and that the petitioners are entitled to the orders sought.
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Kenya County Government Workers’ Union v County Public Service Board Of Machakos (Cause 62 of 2016) [2022] KEELRC 1182 (KLR) (7 July 2022) (Ruling)
✦ The court finds that the application for review and setting aside should be determined by Hon. Anne Mwaure