Kenyan case law
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Kenya Union of Commercial, Food and Allied Workers v Narugi Development Sacco Ltd (Employment and Labour Relations Cause 1350 of 2018) [2023] KEELRC 3365 (KLR) (14 December 2023) (Judgment)
✦ The grievant's claim against the Respondent fails as he has not proven on a balance of probabilities that he was an employee of the Respondent.
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Gituanja v Spread Eagle Ltd (Employment and Labour Relations Cause E963 of 2022) [2023] KEELRC 3291 (KLR) (14 December 2023) (Ruling)
✦ The preliminary objection is dismissed, and the case is validly filed.
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Kemboi v Multimedia University of Kenya & another (Employment and Labour Relations Cause 236 of 2019) [2023] KEELRC 3288 (KLR) (14 December 2023) (Judgment)
✦ The court declares that the Claimant’s contract of service was constructively confirmed after the initial probationary terms of 12 months lapsed. The purported extension of the Claimant’s probationary term beyond the initial 12 months was illegal. The decision to terminate the Claimant’s contract of service was unlawful.
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Teachers Service Commission v Mwita (Appeal E049 of 2023) [2023] KEELRC 3287 (KLR) (13 December 2023) (Judgment)
✦ The appeal is dismissed without merit
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Anunda v Tiger Force Security Services Limited (Cause 73A of 2018) [2023] KEELRC 3273 (KLR) (13 December 2023) (Judgment)
✦ Claimant was an employee on a month-to-month contract, constructively dismissed, and awarded compensation.
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Kipteng v Good Hope Sacco Limited; Co-operative Bank of Kenya Limited (Garnishee) (Miscellaneous Application E056 of 2023) [2023] KEELRC 3271 (KLR) (13 December 2023) (Ruling)
✦ The PO is not proper as it requires the court to seek or interrogate evidence, which is not a pure point of law.
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Njenga v Muchiri t/a Neema Apartments (Cause 134 of 2018) [2023] KEELRC 3360 (KLR) (13 December 2023) (Ruling)
✦ The court allows the application and orders the omission of the award to be rectified, a new decree to be issued, and interest and costs to be awarded to the claimant.
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Kipteng v Good Hope Sacco Limited; Co-operative Bank of Kenya Limited (Garnishee) (Miscellaneous Application E057 of 2023) [2023] KEELRC 3272 (KLR) (13 December 2023) (Ruling)
✦ The preliminary objection is sustained, and the application is struck out in its entirety.
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Otiende v Ligawa & another (Petition E052 of 2022) [2023] KEELRC 3363 (KLR) (13 December 2023) (Judgment)
✦ The Court finds that the Petitioner worked for the Respondents up to 18 August 2020 and that the withholding of his salaries and gratuity was an unfair labour practice.
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Karuga v Style Industries Ltd (Cause 110 of 2017) [2023] KEELRC 3359 (KLR) (13 December 2023) (Judgment)
✦ The dismissal was wrongful, unfair, and unlawful, and the claimant is awarded compensation and notice pay.
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Jubilous v Cooperative Bank of Kenya Ltd (Employment and Labour Relations Cause 030 of 2023) [2023] KEELRC 3270 (KLR) (11 December 2023) (Ruling)
✦ The court granted an injunction prohibiting the Respondent from selling the Claimant's property until the claim is heard and determined.
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Kenya Union of Domestic, Hotels, Educational, Institution Hospitals and Allied Workers v Nakuru War Memorial Hospital (Employment and Labour Relations Cause 470 of 2016) [2023] KEELRC 3482 (KLR) (11 December 2023) (Judgment)
✦ The court finds the redundancy declaration unfair and orders reinstatement without loss of benefits and compensation as per the Collective Bargaining Agreement.
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Wafula v Robamach Building & Construction Co. Ltd & another (Petition E009 of 2023) [2023] KEELRC 3477 (KLR) (11 December 2023) (Ruling)
✦ The Petition dated 23rd May 2023 is dismissed. No order as to costs.
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Tsuma v Kombo t/a Mulolongo Community Health Care (Cause 637 of 2017) [2023] KEELRC 3293 (KLR) (11 December 2023) (Ruling)
✦ The court dismissed the respondent's notice of motion and found no merit in the respondent's allegations.
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Republic v Chief Magistrates Bungoma; Wandabwa (Interested Party); Nee Chesikaki Farmers Co-op Society Limited (Exparte Applicant) (Judicial Review 4 of 2023) [2023] KEELRC 3244 (KLR) (11 December 2023) (Ruling)
✦ The court grants leave to institute judicial review proceedings.
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Musili v Prideinn Hotels Investments Ltd (Cause E055 of 2021) [2023] KEELRC 3243 (KLR) (11 December 2023) (Ruling)
✦ Application for review of the Court's order is dismissed with no order as to costs.
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Temu v Judicial Service Commission & another (Employment and Labour Relations Cause E032 of 2022) [2023] KEELRC 3361 (KLR) (11 December 2023) (Judgment)
✦ The dismissal was unfair and unjustified, and the claimant is entitled to reinstatement with back pay.
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Oyugi v Trees for the Future Inc (Employment and Labour Relations Cause E011 of 2023) [2023] KEELRC 3421 (KLR) (11 December 2023) (Judgment)
✦ The court found that the Claimant was not constructively dismissed and that his termination was not unfair.
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Monyenye v National Police Service Commission & 3 others (Judicial Review E001 of 2023) [2023] KEELRC 3245 (KLR) (11 December 2023) (Ruling)
✦ The leave granted shall not operate as a stay
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Mwangi & 162 others v Aegis Kenya Ltd t/a Leopard Beach Hotel & another (Cause E658 of 2020) [2023] KEELRC 3242 (KLR) (11 December 2023) (Ruling)
✦ The respondent's application to set aside the warrants of attachment and stay execution is allowed. The setting aside order is not a bar to future execution proceedings in the event of default in payment.
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Chirchir & 32 others v Jonathan Siwanyang, County Secretary West Pokot County Government & 2 others (Cause E001 of 2023) [2023] KEELRC 3346 (KLR) (11 December 2023) (Ruling)
✦ The application is dismissed with no orders as to costs, and the County Secretary is directed to ensure the court's orders are obeyed.
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Nyandege v Ekaterra Tea Kenya Plc (Employment and Labour Relations Cause E009 of 2023) [2023] KEELRC 3351 (KLR) (11 December 2023) (Ruling)
✦ The Preliminary Objection is dismissed as the claimant's salary did not exceed the threshold for lower court jurisdiction.
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Country Farms Limited v Dieto & 2 others (Miscellaneous Case E011 of 2023) [2023] KEELRC 3476 (KLR) (11 December 2023) (Ruling)
✦ The court lacks jurisdiction to grant leave to appeal as the applicant did not seek leave in the lower court.
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Otieno & 37 others v Union of Kenya Civil Servants & 3 others (Petition E027 of 2023) [2023] KEELRC 3294 (KLR) (11 December 2023) (Ruling)
✦ The Court admits the Respondents' affidavit filed out of time but grants the Petitioners an opportunity to file a further affidavit and issues a temporary order to stay the National Delegates Conference and Advisory Council meeting.
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Mungai v Bullworks Design Factory Limited (Cause E359 of 2020) [2023] KEELRC 3232 (KLR) (8 December 2023) (Judgment)
✦ Claimant is granted compensation for unfair termination equivalent to 2 months' salary, total Kshs. 353,052, and costs to the Claimant.