Kenyan case law
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Twahir v AAR Hospital Ltd (Cause E682 of 2021) [2023] KEELRC 1965 (KLR) (31 July 2023) (Judgment)
✦ Claimant was unlawfully terminated and compensation equivalent to 12 months' salary is awarded
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Okello & another v Kenya Education Management Institute (Employment and Labour Relations Cause 846 & 845 of 2012 (Consolidated)) [2023] KEELRC 2079 (KLR) (31 July 2023) (Judgment)
✦ The respondent terminated the employment of the claimants for valid reasons and followed a fair procedure.
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Onganda v Shekhawat Engineering Works Limited (Cause 1872 of 2017) [2023] KEELRC 1883 (KLR) (31 July 2023) (Judgment)
✦ The Court finds that the Respondent had a fair and valid reason to terminate the Claimant's employment and that the Claimant was not subjected to due process. The Claimant is entitled to the reliefs sought.
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Nyaga v Langfields Systems Limited & another (Cause 262 of 2017) [2023] KEELRC 1860 (KLR) (31 July 2023) (Ruling)
✦ The notice of motion by the claimant is allowed, and the claimant shall file and serve the amended statement of claim within seven days.
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Awuor v Kenya Power and Lighting Company (Cause 431 of 2020) [2023] KEELRC 1867 (KLR) (31 July 2023) (Judgment)
✦ The Court finds the termination unfair and orders compensation equivalent to 5 months' salary, one month's wages in lieu of notice, and costs of the suit.
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Ojwang v Board of Management Kenyatta National Hospital (Cause 534 of 2018) [2023] KEELRC 1887 (KLR) (31 July 2023) (Judgment)
✦ The claim is dismissed substantially, and the Claimant is awarded salary from 17th January, 2017 to 6th December, 2017, being Kshs 597,721.60.
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Kenya Engineering Workers Union v Rhodum Steel Limited (Cause E015 of 2023) [2023] KEELRC 1835 (KLR) (31 July 2023) (Ruling)
✦ The court declines to issue interim orders for deductions of union dues due to the disputed nature of the signatures on the list.
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Oyieyo & 5 others v County Government of Homabay & 3 others (Petition E006 of 2023) [2023] KEELRC 1832 (KLR) (31 July 2023) (Ruling)
✦ The Court declines jurisdiction as the Petitioners have not exhausted internal mechanisms before invoking the court's jurisdiction.
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Oyaro v Governor Nandi County & 2 others (Petition E029 of 2022) [2023] KEELRC 2047 (KLR) (31 July 2023) (Judgment)
✦ The court has jurisdiction to hear the Petition and the appointments of the selection panel were irregular.
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Benjamin v Magatta t/a Magatta & Njogu Advocates (Miscellaneous Application 41 of 2022) [2023] KEELRC 1951 (KLR) (31 July 2023) (Ruling)
✦ The reference raises pertinent issues and the application is referred back to another taxing officer for reconsideration.
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Mugure v Ministry of Defence & another (Employment and Labour Relations Petition E011 of 2021) [2023] KEELRC 1994 (KLR) (31 July 2023) (Judgment)
✦ The court held that the summary trial and termination of commission were separate processes and that the termination was procedurally fair.
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Omutiti v Orpower 4 Inc (Employment and Labour Relations Appeal 12 of 2021) [2023] KEELRC 1974 (KLR) (31 July 2023) (Judgment)
✦ The court affirms the lower trial court's order striking out the suit for want of jurisdiction.
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Mbiuki v Mutisya & another (Cause E957 of 2022) [2023] KEELRC 1879 (KLR) (31 July 2023) (Ruling)
✦ The Court has jurisdiction to determine the Counterclaim as it relates to the employment relationship and the mortgage facility.
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Kiteke v Unigroup Transporters (Appeal 64 of 2021) [2023] KEELRC 1892 (KLR) (31 July 2023) (Judgment)
✦ The appeal is allowed, and the trial court's ruling is set aside. The lower court's judgment is rescheduled for delivery.
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Wachira v Tusker Mattresses Limited (Cause 406 of 2017) [2023] KEELRC 1976 (KLR) (31 July 2023) (Judgment)
✦ The court declares the dismissal of the Claimant by the Respondent was wrongful, unfair, and unlawful. The Claimant is awarded a total of Kshs 484,141.53 in salary arrears, salary in lieu of notice, service pay, gratuity, and compensation for wrongful, unfair, and unlawful dismissal.
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Wangui v Unaitas Sacco Limited (Cause 1716 of 2017) [2023] KEELRC 2022 (KLR) (31 July 2023) (Judgment)
✦ The Court finds that the Respondent failed to prove a valid and fair reason for the Claimant's termination and that the termination was unfair.
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Kigundu v Auto Express Limited (Employment and Labour Relations Cause 318 of 2019) [2023] KEELRC 1915 (KLR) (31 July 2023) (Ruling)
✦ Application dismissed with no orders as to costs.
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Nyanumba v Nas Airport Services Limited (Cause 1164 of 2018) [2023] KEELRC 1855 (KLR) (31 July 2023) (Judgment)
✦ The Court found the termination of employment to be unfair and unlawful.
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Kedenge v Quest Works Technologies Limited (Cause 1143 of 2017) [2023] KEELRC 1886 (KLR) (31 July 2023) (Judgment)
✦ The Court finds the Claimant was not a casual employee and the Respondent failed to prove grounds for termination.
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Tororei v Catholic Diocese of Nakuru (Cause 297 of 2015) [2023] KEELRC 1859 (KLR) (31 July 2023) (Judgment)
✦ The court declares the termination of the Claimant by the Respondent unfair and unlawful and awards him Kshs.64,050/= in compensation.
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Wanjiku v Aldonai Enterprises Ltd (Cause 26 of 2020) [2023] KEELRC 1988 (KLR) (31 July 2023) (Ruling)
✦ Respondent's case is marked as closed, and the claimant is to file written submissions within 14 days
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Akello v Rural Development Solutions Ltd (Employment and Labour Relations Cause 554 of 2015) [2023] KEELRC 2000 (KLR) (31 July 2023) (Ruling)
✦ The former directors are personally liable to pay the judgment debt
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Njuguna v Unilever Kenya Limited (Miscellaneous Application E171 of 2022) [2023] KEELRC 1843 (KLR) (31 July 2023) (Ruling)
✦ The Applicant's application is time-barred due to the three-year limitation period set by the Employment Act.
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Muleyi v Kenya Airports Authority (Cause 1086 of 2017) [2023] KEELRC 2020 (KLR) (31 July 2023) (Judgment)
✦ The Claimant is not entitled to the prayers sought and the Claim is dismissed in its entirety.
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Berhe v Canaan Developers Limited (Cause E587 of 2022) [2023] KEELRC 1878 (KLR) (31 July 2023) (Ruling)
✦ The court held that the email produced by the Claimant complies with the law on electronic evidence and that the failure to attach a certificate to the email is not a valid reason to expunge the document.