Kenyan case law
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Koskei v Ministry of Works Sports Club (Cause E117 of 2023) [2024] KEELRC 1822 (KLR) (12 July 2024) (Judgment)
✦ The Court denies the Claimant's request for salary for 18 months from March 2020 up to September 2021, unpaid leave pay, and punitive damages.
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Mutsami v Classic Mouldings Limited (Cause 391 of 2018) [2024] KEELRC 1854 (KLR) (12 July 2024) (Judgment)
✦ The Court found that the termination was not unfair and that the claimant did not desert her duties.
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Kiamah v Mutai t/a Kiogora Mutai & Co Advocates (Cause E530 of 2021) [2024] KEELRC 1840 (KLR) (12 July 2024) (Judgment)
✦ The Court found that the Respondent did not provide justifiable reasons for terminating the Claimant's employment and did not afford her procedural fairness. The Court also found no evidence of discrimination.
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Balala & Abed Advocates v Bajaber (Miscellaneous Application E193 of 2022) [2024] KEELRC 1848 (KLR) (12 July 2024) (Ruling)
✦ The court held that the taxing master had jurisdiction and the fee agreement was not binding as it was not in writing and signed by the client.
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Kinyanjui v Rural Electrification & Renewable Corporation (Cause E709 of 2022) [2024] KEELRC 1824 (KLR) (12 July 2024) (Judgment)
✦ The Court finds that the Respondent did not provide sufficient evidence to prove the validity of the reasons for terminating the Claimant's employment and that the termination was unfair.
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Nyakundi v Banbros Limited (Appeal E002 of 2022) [2024] KEELRC 1771 (KLR) (12 July 2024) (Judgment)
✦ The Court finds that the Appellant's 3rd ground of appeal is absurd and dismisses the appeal with costs to the Respondent.
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Kanwagi v D -TreeInternational & 3 others (Cause E1049 of 2023) [2024] KEELRC 1825 (KLR) (12 July 2024) (Ruling)
✦ The court found that the Preliminary Objection does not raise a pure point of law and cannot be based on issues of fact.
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Kamau v Transit Company Limited (Cause 274 of 2020) [2024] KEELRC 1815 (KLR) (12 July 2024) (Judgment)
✦ Claimant's claim for compensation is declined, but awarded arrears of salary for November 2019 at Kshs. 100,000.
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Union of National Research Institutes of Kenya (UNRISK) v Kenya Forestry Research Institute (KEFRI) (Employment and Labour Relations Cause 1685 of 2014) [2024] KEELRC 1861 (KLR) (12 July 2024) (Judgment)
✦ The Court held that the Court has jurisdiction to grant the orders sought by the Claimant and that SRC's advice is binding on TSC in the context of a CBA involving public officers.
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Kenya Chemical & Allied Workers Union & 3 others v East African Portland Cement PLC (Employment and Labour Relations Cause 2119 of 2014) [2024] KEELRC 1859 (KLR) (12 July 2024) (Ruling)
✦ The court is functus ocio and lacks jurisdiction to further determine the issues raised by the Applicant.
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Nzue & 3 others v Riverbank Solutions Ltd (Cause E543 of 2022) [2024] KEELRC 1842 (KLR) (12 July 2024) (Judgment)
✦ The Claimants are entitled to unpaid salaries and unremitted pension contributions. The Respondent’s Counterclaim against the 2nd and 4th Claimants is disallowed.
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Kung'u v Kenya Electricity Generating Company PLC (Petition E009 of 2022) [2024] KEELRC 1843 (KLR) (12 July 2024) (Judgment)
✦ The Petition is not merited and is accordingly dismissed with no orders as to costs.
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Githinji v DHL-Supply Chain East Africa (Cause E553 of 2020) [2024] KEELRC 1816 (KLR) (12 July 2024) (Judgment)
✦ The claim is declined. The court finds no evidence to doubt the genuineness of redundancy and the fairness of the procedure. The court also finds no legal basis to impose liability on the Respondent for the Claimant's past medical treatment.
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Ngure v Board of Management of Sigona Golf Club (Cause E286 of 2021) [2024] KEELRC 1821 (KLR) (12 July 2024) (Judgment)
✦ The Court finds that the Respondent is a proper party to the suit and that the Claimant's termination by redundancy was fair and lawful.
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Atik t/a National Union of Water and Sewerage v Jeruto & 11 others (Employment and Labour Relations Cause E923 of 2023) [2024] KEELRC 1841 (KLR) (12 July 2024) (Ruling)
✦ The Court finds that the Claimant lacks locus standi to institute and prosecute the suit as a natural person.
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Kiriamiti v Mbui & another (Cause 1992 of 2017) [2024] KEELRC 1847 (KLR) (12 July 2024) (Judgment)
✦ The claim is dismissed with costs
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Njue v Attorney General (Employment and Labour Relations Petition E095 of 2023) [2024] KEELRC 1887 (KLR) (12 July 2024) (Ruling)
✦ The Notice of Preliminary Objection is not merited
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Kandiyal v Canaan Factories Company Limited (Cause 6530 of 2020) [2024] KEELRC 1819 (KLR) (12 July 2024) (Judgment)
✦ The termination was found to be unfair and unlawful.
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Omullo v Ministry of Works Sports Club (Cause E116 of 2023) [2024] KEELRC 1820 (KLR) (12 July 2024) (Judgment)
✦ The Court found that the Claimant's redundancy was not unfair and unlawful, and thus did not declare it as such.
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Manoti v Kenya Revenue Authority (Employment and Labour Relations Cause E370 of 2021) [2024] KEELRC 1886 (KLR) (12 July 2024) (Ruling)
✦ The court finds the documents admissible and will proceed with the main suit on its merits.
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Godi v Njuguna & another (Miscellaneous Application 100 of 2024) [2024] KEELRC 1844 (KLR) (12 July 2024) (Ruling)
✦ The Court transfers the case from Nairobi Milimani Commercial Court to Thika Magistrates Court.
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Union of National Research Institutes Staff of Kenya (UNRISK) v Kenya Medical Research Insitute (Cause E866 of 2021) [2024] KEELRC 1845 (KLR) (12 July 2024) (Judgment)
✦ The court held that the CBA was applicable, the 11th and 12th Grievants were not Respondent's employees, and the Grievants were not unfairly and wrongfully terminated.
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Komu v Standard Chartered Bank Kenya Limited (Cause E192 of 2021) [2024] KEELRC 1839 (KLR) (12 July 2024) (Judgment)
✦ The Claimant is not entitled to the prayers sought and the claim is dismissed with each party bearing their own costs.
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Luvayi v Director, Option Lounge; Famous Wines and Spirits Limited (Objector); Anfield Auctioneers (Interested Party) (Cause 615 of 2016) [2024] KEELRC 1850 (KLR) (12 July 2024) (Ruling)
✦ The Objector's application is found to have failed to meet the conditions set out under Order 22 Rule 51 of the Civil Procedure Rules.
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Mbito v Kenya Meat Commission (Cause 924 of 2016) [2024] KEELRC 1837 (KLR) (12 July 2024) (Judgment)
✦ The Court held that the Claimant was not constructively dismissed and dismissed the Respondent's Counterclaim. The Claimant's case was substantially failed, and each party shall bear their own costs.