Kenyan case law
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Mohamed Bagajo & another v Registrar of Trade Unions [2020] KEELRC 186 (KLR)
✦ The new evidence is not new and important as it was not foreseeable and existed at the material time, and cannot form the subject of a review application.
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Crescent Bakaya v Hall Equatorial Limited [2020] KEELRC 199 (KLR)
✦ The Court dismissed the Claimant's suit for want of prosecution, but granted the Claimant a final opportunity to prosecute the case.
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Pascal Lazarus Ochudo v Zap Car Hire & Tours Ltd [2020] KEELRC 202 (KLR)
✦ The dismissal of the Claimant was unfair and the Court awards compensation and salary in lieu of notice.
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Joseph Kimeu Nzau v Hall Equatorial Limited [2020] KEELRC 188 (KLR)
✦ The Court dismissed the Claimant's suit for want of prosecution, but granted the Claimant a final opportunity to prosecute the case.
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J.M. Njenga & Co Advocates v Monica Wambui Kamau & 3 others [2020] KEELRC 233 (KLR)
✦ The application is improperly before this court and is struck out with no order as to costs
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Adan Roba v Summer Distributors Limited [2020] KEELRC 73 (KLR)
✦ The claim is dismissed with no order as to costs
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Kenya Union of Commercial, Food and Allied Workers v Superior Highlands Dairy and Feeds Limited [2020] KEELRC 39 (KLR)
✦ The Grievant's claim is dismissed. She is only entitled to 2 months' salary withheld during her illness/injury and a certificate of service.
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Allan Pamba v Kenya Hospital Association for anf on Behalf of the Nairobi Hospital [2020] KEELRC 232 (KLR)
✦ The court granted the temporary injunction to restrain the hospital from enforcing the termination of Dr. Pamba's contract.
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Kenya Hotels and Allied Workers Union v Praying Mantis Limited (Octopus Club) [2020] KEELRC 1925 (KLR)
✦ The Court found the employment terminations to be unfair and ordered reinstatement or payment of terminal dues.
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Ogwang v National Gender and Equality Commission (Cause 1803 of 2014) [2020] KEELRC 242 (KLR) (13 November 2020) (Ruling)
✦ The Applications are devoid of merit and are dismissed with costs
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Alloise Ngugi Muia v Green Pot Enterprises Limited [2020] KEELRC 239 (KLR)
✦ Claimant was not on probation at the time of his separation. Claimant's employment was indeed verbally terminated on 8th February, 2017, and the termination was found to be unfair.
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Kenya Plantation Agricultural Workers Union v Primarosa Flowers Limited [2020] KEELRC 246 (KLR)
✦ The application is dismissed as the Applicant has not demonstrated that the Respondent has outsourced or intends to outsource services performed by the union's members.
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David Muthui Ndegwa v Director of Public Prosecutions & another [2020] KEELRC 240 (KLR)
✦ The Petition was filed within the limitation period set out in Section 90 of the Employment Act, and the preliminary objection fails.
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Amos Munyao Mutua v Friends Diner Company Limited [2020] KEELRC 243 (KLR)
✦ Claimant is entitled to payment in lieu of leave days not taken, salary for March 2016, and a certificate of service.
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Nehemiah Kiprop Kiplagat & 18 others v Radio Frequency Systems Limited & 2 others; Geoffrey Ng'ang'a Tambara(Intended Interested Party/Applicant) [2020] KEELRC 245 (KLR)
✦ The IIP's application is dismissed as it is not an interested party and the case is not yet final.
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Jacob Omondi Guma v East African Portland Cement; Japheth Ombogo (Interested Party) [2020] KEELRC 234 (KLR)
✦ The Court found the termination to be unfair and in violation of the Petitioner's rights.
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Kelly Marina Kokuai v Kajiado County Assembly Service Board [2020] KEELRC 236 (KLR)
✦ The Court found the termination to be unfair and ordered reinstatement and compensation.
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Rose Wangari Mwangi v Mount Kenya University [2020] KEELRC 238 (KLR)
✦ The Claimant absconded duty and was constructively dismissed
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Josphat Shem Otuba v Kenya Forest Service [2020] KEELRC 244 (KLR)
✦ The termination was unlawful and the Claimant is entitled to the reliefs sought.
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Kenya Union of Commercial Food and Allied Workers & another v Choppies Enterprises Kenya Limited & 3 others [2020] KEELRC 190 (KLR)
✦ The Court found that the termination of employment was lawful and that the 22 Claimants had been paid their terminal dues. The Court ordered the 1st Respondent to pay the remaining 22 Claimants their entitlements as per the Employment Act and Collective Agreement.
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Kenya Union of Commercial, Food & Allied Workers v Nyambene Coffee Mills [2020] KEELRC 58 (KLR)
✦ The Court finds that the Claimant failed to prove his case on a balance of probabilities and dismisses the claim with no orders as to costs.
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Kenya Union of Commercial, Food and Allied Workers v Nyambene Coffee Mills [2020] KEELRC 42 (KLR)
✦ The Court finds that the Claimant failed to prove his case on a balance of probabilities and dismisses the claim with no orders as to costs.
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Jeremy Kirimi Rithaa v Technical University of Kenya [2020] KEELRC 222 (KLR)
✦ The application to set aside the ex parte judgment is allowed with conditions
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David Wamwiri v Bata Shoe Company Kenya Limited [2020] KEELRC 170 (KLR)
✦ The Petitioner's rights under Article 41 of the Constitution were infringed upon due to the Respondent's malicious actions in taking the Petitioner's original certificates to the police station and withholding his terminal dues.
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Benard Musyoka Ngwenze & 167 others v Uzuri Foods Limited [2020] KEELRC 203 (KLR)
✦ The termination was unfair and unjustified, and the Claimants are awarded 1 month salary in lieu of notice and 8 months' salary as compensation for the unfair termination.