Kenyan case law
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Kengros v Kilifi County Public Service Board (Cause E012 of 2021) [2024] KEELRC 13559 (KLR) (18 December 2024) (Ruling)
✦ The PSC decision is adopted as the judgment of the court, and the respondent is directed to reinstate the claimant as the Municipal Manager
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Kigotho v Acme Wanji Investment Limited (Employment and Labour Relations Appeal E054 of 2023) [2024] KEELRC 13618 (KLR) (18 December 2024) (Judgment)
✦ The Employment and Labour Relations Court reinstates the appellant's claim and transfers it to the Mavoko Magistrate Court for hearing and determination.
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S S Dhillon Transporters (K) Ltd v Wamiti (Appeal E041 of 2023) [2024] KEELRC 13620 (KLR) (18 December 2024) (Judgment)
✦ The court set aside the judgment and decree of the learned Principal Magistrate and ordered the following: a declaration that the dismissal of the Respondent was lawful and justified; a declaration that the claim for house allowance from 9th November 2016 downward were time barred and therefore unrecoverable; a declaration that the claim for leave allowance from 9th November 2016 downward were time barred and therefore unrecoverable; the award of the compensatory damages be set aside; and the cost of the appeal be awarded to the Appellant.
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Texas Alarms (K) Limited v Wanyonyi (Appeal E012 of 2024) [2024] KEELRC 13503 (KLR) (18 December 2024) (Judgment)
✦ The appeal is dismissed. The termination was justified under the Employment Act, and the notice pay and compensation were correctly awarded.
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Kenya Petroleum Oil Workers Union v Oryx Service Station and Pebo Filling Station (Cause E072 of 2021) [2024] KEELRC 13579 (KLR) (18 December 2024) (Ruling)
✦ The Court grants the stay of execution pending appeal.
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Winners Chapel International Nairobi t/a Kingdom Heritage Model School v Nyaoko (Employment and Labour Relations Appeal 8 of 2020) [2024] KEELRC 13612 (KLR) (18 December 2024) (Judgment)
✦ The court upheld the cited authorities by the parties on the role of the court on first appeal and found that the appellant was properly sued before the trial court.
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Kenya Medical Practitioners, Pharmacists and Dentists’ Union v County Government of Kiambu & another; Njeru & 316 others (Interested Parties); Ndegwa & 6 others (Contemnor) (Constitutional Petition 174 of 2024) [2024] KEELRC 13595 (KLR) (18 December 2024) (Ruling)
✦ The application is dismissed as the applicant has failed to provide sufficient and admissible evidence to substantiate the allegations against the respondents and the purported contemnors.
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Sirengo v Retirement Benefits Authority & 2 others (Judicial Review E031 of 2024) [2024] KEELRC 13449 (KLR) (18 December 2024) (Ruling)
✦ The 3rd Respondent's preliminary objection is sustained.
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Auma v County Government of Kisumu (Cause . E005 of 2021) [2024] KEELRC 13448 (KLR) (18 December 2024) (Judgment)
✦ The Court held that the deceased was not an employee of the respondent and dismissed the suit as statute barred.
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Gibson v Broll Kenya Limited (Employment and Labour Relations Cause E550 of 2022) [2024] KEELRC 13442 (KLR) (18 December 2024) (Judgment)
✦ The redundancy process was procedurally fair and just.
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Dyer v Five Forty Aviation Limited (Employment and Labour Relations Cause E547 of 2022) [2024] KEELRC 13521 (KLR) (18 December 2024) (Ruling)
✦ The application was granted.
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Enterprises & 2 others v Azei (Appeal E033 of 2024) [2024] KEELRC 13561 (KLR) (18 December 2024) (Judgment)
✦ The court dismissed the appeal and upheld the trial court's judgment.
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H Young and Company (East Africa) Limited v Mwangi (Civil Appeal E089 of 2022) [2024] KEELRC 13619 (KLR) (18 December 2024) (Judgment)
✦ The appeal is partially successful, and the judgment and decree of the Magistrate's Court are set aside.
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Kirui v Lynn Ngugi Media Network Limited (Employment and Labour Relations Cause E664 of 2022) [2024] KEELRC 13444 (KLR) (18 December 2024) (Judgment)
✦ Claimant is entitled to compensation for unlawful termination, prorated service pay, and leave pay.
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AWW (Suing as Next Friend and Mother of GWW) v Central Bank of Kenya (Cause E888 of 2022) [2024] KEELRC 13585 (KLR) (18 December 2024) (Judgment)
✦ The court found the employer's actions unfair and discriminatory, and awarded the claimant Kshs. 5,008,000 in damages.
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Kenya Union of Domestic, Hotels Educational Institutions and Hospital Workers v Aga Khan Hospital Mombasa (Cause E061 of 2024) [2024] KEELRC 13436 (KLR) (17 December 2024) (Judgment)
✦ The claim is allowed to this extent. The parties are engaged in negotiations, and each is to bear its costs.
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Kitui Flour Mills Limited v Abdulla (Appeal E097 of 2024) [2024] KEELRC 13572 (KLR) (17 December 2024) (Judgment)
✦ The burden of proof for unfair termination shifts from the employee to the employer. The respondent must first demonstrate prima facie that an unfair termination occurred, then the employer must prove the reasons for termination were valid.
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Maina t/a All and Sundry Services v Nyawa (Appeal E082 of 2024) [2024] KEELRC 13435 (KLR) (17 December 2024) (Judgment)
✦ The award of general damages is not justified. The respondent is entitled to one month's notice pay and Ksh.25,600 in leave pay.
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Wekesa v Kenya Airways PLC (Cause E059 of 2024) [2024] KEELRC 13454 (KLR) (17 December 2024) (Ruling)
✦ The application is granted, and the suit is struck out due to premature service of pleadings
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Owuora v Shiva Mombasa Limited (Appeal E058 of 2024) [2024] KEELRC 13452 (KLR) (17 December 2024) (Judgment)
✦ The court finds that the learned magistrate erred in law and fact by not awarding the claimant all the remedies sought/prayed as against evidence presented before the court.
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Republic v Director of Occupational Safety and Health Services & another; Freedom Airline Express Limited (Exparte Applicant) (Judicial Review E033 of 2024) [2024] KEELRC 13429 (KLR) (17 December 2024) (Ruling)
✦ The Preliminary Objection is dismissed as the court is being asked to sit as an appellate court and vacate its own orders, which is not an appropriate course of action.
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Cheruiyot & 15 others v S.B.I. International Holdings (AG) Ltd (Cause 141 of 2017) [2024] KEELRC 13456 (KLR) (17 December 2024) (Ruling)
✦ The Respondent/Applicant's motion is dismissed with costs.
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Obita v Teachers Service Commission & 7 others (Cause E053 of 2024) [2024] KEELRC 13417 (KLR) (17 December 2024) (Ruling)
✦ The Court dismissed the 5th Respondent's Notice of Preliminary Objection as it was not signed and the Claimant argued that the document was not signed.
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Republic v County Government of Mombasa & 3 others; Gulam (Exparte Applicant) (Judicial Review Application E001 of 2024) [2024] KEELRC 13445 (KLR) (17 December 2024) (Ruling)
✦ An order of mandamus is issued compelling the County Executive Committee Member for Finance to pay the sum decreed in Mombasa ELRC Cause No. 397 of 2018 to the Ex-Parte Applicant.
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Cherono & 18 others v County Public Service Board of Baringo & 2 others (Petition E022 of 2024) [2024] KEELRC 13458 (KLR) (17 December 2024) (Ruling)
✦ The Court finds the Petitioners have established a strong prima facie case warranting injunctive and conservatory measures.