Kenyan case law
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Wambugu v Bharti Airtel International (Netherlands) BV-Kenya Branch (Cause 934 of 2016) [2022] KEELRC 13436 (KLR) (8 December 2022) (Judgment)
✦ The Court found that the termination was not unlawful and unfair, and the Claimant is not entitled to the remedies sought.
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Muriunga v Riara Group of Schools Limited (Claim 178 of 2016) [2022] KEELRC 13466 (KLR) (8 December 2022) (Judgment)
✦ Dismissal was procedurally fair but substantively unfair due to lack of valid reasons
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Musamali v Trans Africa Motors Ltd (Cause E032 of 2021) [2022] KEELRC 13472 (KLR) (8 December 2022) (Ruling)
✦ The dismissal of the claimant's suit is set aside, and the claimant is granted a final opportunity to prosecute the case within six months.
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Kariuki v Governor, County Government of Nyandarua & 2 others (Cause 57 of 2019) [2022] KEELRC 13450 (KLR) (8 December 2022) (Judgment)
✦ The claimant is entitled to a declaration that his dismissal was unfair and unlawful, and to compensation for the unjust dismissal.
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Muchira v Samburu Sacco Limited (Cause 115 of 2015) [2022] KEELRC 13448 (KLR) (8 December 2022) (Judgment)
✦ The claimant is entitled to payment of her salary from November 26, 2006 to November 27, 2015, totaling 1,818,000 KES. She is also entitled to compensation for unfair termination and 8 months' salary, totaling 144,000 KES. The respondent is directed to pay the claimant the total amount of 1,962,000 KES, less statutory deductions, and to pay costs and interest from the date of this judgment.
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Kamande v Mini Bakeries (Nairobi) Limited (Cause 323 of 2015) [2022] KEELRC 13455 (KLR) (8 December 2022) (Ruling)
✦ Application dismissed with costs
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Oichoe v Jilag Limited (Cause 83 of 2017) [2022] KEELRC 13488 (KLR) (8 December 2022) (Judgment)
✦ The court held that the claimant did not abscond duty but proceeded on maternity leave, and her contract of employment subsisted until termination.
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Ogayah v Network for Adolescent and Youth of Africa (NAYA) (Cause 444 of 2017) [2022] KEELRC 13401 (KLR) (7 December 2022) (Judgment)
✦ The court found that the oral contract was frustrated by the failure of the parties to agree and not on any misconduct, physical incapacity, or performance on the part of the claimant. The claimant is awarded salary in lieu of notice and accrued leave.
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Achola Jaoko & Co. Advocates v Odera (Miscellaneous Case 5 of 2019) [2022] KEELRC 13490 (KLR) (7 December 2022) (Ruling)
✦ The court enters judgment in favor of the applicant for Kshs 113,204/- together with interest at court rates from the date of judgment till full payment as per the certificate of taxation dated November 8, 2019.
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Ngigi v H. Young & Company (EA) Ltd (Cause 442 of 2017) [2022] KEELRC 13439 (KLR) (7 December 2022) (Judgment)
✦ The court finds termination of employment unfair due to lack of procedural propriety.
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Simotwo v Kenya Seed Company Company (Cause 253 of 2018) [2022] KEELRC 13457 (KLR) (7 December 2022) (Judgment)
✦ The claimant's employment was terminated unlawfully as the respondent did not issue him with a notice nor a hearing and that he came to learn of the accusations through the interdiction letter.
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Gichuki v Glaxosmithkline Pharmaceutical (Cause E228 of 2021) [2022] KEELRC 13476 (KLR) (7 December 2022) (Ruling)
✦ The court allows the claimant's application to produce documents and allow expert witnesses to be called, but with the understanding that the documents may not be easily available.
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Onunga v Equator Bottlers Ltd (Cause E006 of 2021) [2022] KEELRC 13400 (KLR) (7 December 2022) (Judgment)
✦ The Court finds that the termination of the Claimant's employment was devoid of valid or fair reasons.
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G4S Security Services (K) Ltd v Lagat (Appeal E015 of 2021) [2022] KEELRC 13433 (KLR) (7 December 2022) (Judgment)
✦ The appeal is dismissed
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Kenya Engineering Workers Union v Kenya Marine Contractors (EPZ) Ltd (CBA E107 of 2022) [2022] KEELRC 13444 (KLR) (7 December 2022) (Ruling)
✦ The CBA is not registered as it conflicts with the Labour Relations Act and the judgement in ELRC Cause No 152 of 2012, and there was no simple majority of unionisable employees before the judgement.
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Njugiria v Tusker Mattresses Limited (Cause 1218 of 2017) [2022] KEELRC 13572 (KLR) (7 December 2022) (Judgment)
✦ The termination was lawful and procedurally fair.
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Lalang v Transnational Bank Ltd (Cause 331 of 2017) [2022] KEELRC 13456 (KLR) (7 December 2022) (Judgment)
✦ The court finds the termination to be fair, legal, and procedurally correct.
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Jalango v Hungama Bar and Restaurant Ltd Club Hynotica (Cause 2278 of 2017) [2022] KEELRC 13485 (KLR) (7 December 2022) (Judgment)
✦ Claimant was unlawfully terminated and awarded compensation and other remedies.
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Lagat v International Potato Center & another (Petition E128 of 2021) [2022] KEELRC 13435 (KLR) (7 December 2022) (Ruling)
✦ The preliminary objection is disallowed.
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Kunga v Catholic University of Eastern Africa (Cause 40 of 2020) [2022] KEELRC 13418 (KLR) (7 December 2022) (Judgment)
✦ The court finds the respondent in breach of contract for non-payment of salaries and enters judgment for the claimant in the sum of Kshs 756,763/- together with interest from 22 June 2020.
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Sitieniei v County Assembly Service Board Uasin Gishu County Assemby & another (Cause 269 of 2017) [2022] KEELRC 13451 (KLR) (7 December 2022) (Judgment)
✦ The court finds the claimant was not an employee of the 1st respondent and dismisses the claim against the 1st respondent. The court awards compensation to the 2nd respondent for unfair termination.
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Baraza v Real Careers Limited (Cause 1824 of 2016) [2022] KEELRC 13483 (KLR) (7 December 2022) (Judgment)
✦ The claimant was a permanent employee and was unlawfully terminated.
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Wekesa & another v Gyto Security Limited (Cause 786 of 2017) [2022] KEELRC 13438 (KLR) (7 December 2022) (Judgment)
✦ The Court held that the Claimants did not abscond duty but were unlawfully terminated.
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Adis v Style Industries Ltd & another (Petition E036 of 2022) [2022] KEELRC 13475 (KLR) (7 December 2022) (Judgment)
✦ The court found that the termination was not based on genuine redundancy and that due process was not followed.
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Ali v National Health Insurance Fund & 2 others; Transparency International & 2 others (Interested Parties) (Cause E714 of 2022) [2022] KEELRC 13443 (KLR) (7 December 2022) (Ruling)
✦ The court will not intervene in the exercise of the employer's managerial prerogative unless there is evidence of manifest abuse that violates fair labour practices.