Kenyan case law
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Dominic Nyamai v Cylinder Works Limited [2017] KEELRC 21 (KLR)
✦ The Court held that the Claimant was not an employee but a sub-contractor, and thus not entitled to the reliefs sought.
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Rachel Akoth Ochola v Caroline Makana [2017] KEELRC 39 (KLR)
✦ Claimant's claim is dismissed, Respondent's counterclaim allowed for Kshs. 210,200
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Joseph Isagi Nyando v Imagine Imc Limited (Cause 2555 of 2012) [2017] KEELRC 55 (KLR) (Employment and Labour) (27 November 2017) (Ruling)
✦ The cause of action survives the death of the claimant, and the application for substitution is allowed.
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Benson Webuye Makana v Tandu Alarm Systems Ltd [2017] KEELRC 23 (KLR)
✦ Application dismissed with costs
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Mwangi Murage Mwaniki v Nairobi Glory Palace Hotel Limited [2017] KEELRC 384 (KLR)
✦ The Court finds no fault in the action by the Auctioneer to withhold release of the motor vehicle pending settlement of account.
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Kenya Building, Construction, Timber & Furniture Industries Employees Union v Kafunapasa Company Limited [2017] KEELRC 398 (KLR)
✦ The claimant's suit is hereby dismissed with costs.
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Jospeh Nchore v Kenya Sugar Research Foundation [2017] KEELRC 275 (KLR)
✦ The Court dismisses the Claimant's prayer for notice pay, severance pay, and annual leave as these benefits were already paid. The prayer for overtime pay and public holiday pay is dismissed as the Claimant did not work consistently. The prayer for house allowance is dismissed as the Claimant was absent from work on various days.
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Kenneth Onyando v Grofin Services (Pty) Limited [2017] KEELRC 309 (KLR)
✦ The court finds that the termination of employment was wrongful and unfair due to the respondent's failure to provide a valid reason and follow a fair procedure.
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Joseph Mote Nzuki v Memba Muriuki [2017] KEELRC 297 (KLR)
✦ The court awards the claimant Kshs.100,000/= in the sum of terminal benefits.
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Erastus Gitonga Burini v Kenya Nut Company Limited [2017] KEELRC 343 (KLR)
✦ The claimant's suit is hereby dismissed with costs.
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Athmani Mchemi Mghalu v Guard Force Limited [2017] KEELRC 360 (KLR)
✦ The Court dismisses the claim for want of jurisdiction.
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Daniel Odhiambo Awinde & another v Kenya Wildlife Services & another [2017] KEELRC 293 (KLR)
✦ The termination was valid as the claimants facilitated fraudulent claims against the employer. The employer did not conduct a fair disciplinary hearing.
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Rachael Niburu Kalama v Mombasa Light Academy [2017] KEELRC 100 (KLR)
✦ Termination was unfair, and the Respondent is ordered to pay the Claimant compensation for wrongful termination and salary in lieu of notice.
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Dennis Kiarie v Maraison Technologies Limited [2017] KEELRC 290 (KLR)
✦ The court found the termination unfair and contrary to the Employment Act, awarding damages for loss of earnings, relocation costs, and mental anguish.
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Sammy Kandie Ng’ochoch v AAR Health Care Holdings Limited [2017] KEELRC 330 (KLR)
✦ The court finds no merit in setting aside the interim orders issued on 16th August 2017 which have been partially complied with. The suit is mentioned before the Principal Judge for either granting a date for inter partes hearing or setting a hearing date of the main suit on the merits.
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Claytone Lawrence Indula v Anaheim Enterprises [2017] KEELRC 327 (KLR)
✦ Claimant is entitled to compensation equivalent to ten (10) months salary and terminal benefits totaling Kshs.217,200.
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Kenya National Private Security Workers Union v Riley Services Limited [2017] KEELRC 268 (KLR)
✦ The Court dismisses the cause with no order as to costs, except for the underpayment of wages for the months of June and July 2013.
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Elija Kamolo Peter v Attorney General & another [2017] KEELRC 133 (KLR)
✦ The discharge was unlawful and unfair as it was not for a valid reason and was not done in terms of a fair procedure.
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Kenneth Mwita v Pimbi Limited [2017] KEELRC 412 (KLR)
✦ The termination was not unfair and there was no agreement on overtime.
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Mary Mukami Maina v Baragu Holdings Limited [2017] KEELRC 432 (KLR)
✦ The termination was unfair and the claimant is entitled to 12 months' compensation.
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Caroline Wambui Wanyeki v Sodexo Pass Kenya Limited [2017] KEELRC 377 (KLR)
✦ The termination of the claimant's employment was lawful and fair.
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Naomi Chepkirui Ng’asura & 28 others v Karrymart Limited [2017] KEELRC 276 (KLR)
✦ The claim is partly admitted to the extent of Kshs.3,041,002/= and judgment is granted to the claimants as against the respondent accordingly.
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Kenya National Union of Nurses v County Public Service Board, Uasin Gishu County Government [2017] KEELRC 2009 (KLR)
✦ The motion is dismissed with no order to costs
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Thomas Kimutai Biwott v Kenya Power & Lighting Co. Ltd [2017] KEELRC 2003 (KLR)
✦ The dismissal of the Claimant was unfair and the Court awarded him Kshs 1,223,881/56. The application to set aside the judgment and grant leave to defend was dismissed.
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Hesbon Maina v Bendor Estates Limited [2017] KEELRC 422 (KLR)
✦ The termination was unfair and the claimant is entitled to 12 months' compensation and pay in lieu of termination notice.