Kenyan case law
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Samuel Moyaki v Catering & Tourism Development Levy Trustees [2017] KEELRC 1881 (KLR)
✦ The application is allowed and judgment is entered for the Applicant on the amount taxed at Kshs. 78,204/=
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Kenya Union of Commercial Food & Allied Workers Union v Jade Collection Limited [2017] KEELRC 1886 (KLR)
✦ The Court finds that the Claimant has established their case and orders the Respondents to recognize the Claimant within 30 days and prohibits victimization and harassment of employees on account of union membership.
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Kanule v Robinson Investment Limited (Cause 231 of 2016) [2017] KEELRC 2014 (KLR) (18 January 2017) (Ruling)
✦ The Court dismisses the preliminary objection and finds no merit in it.
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Helga Ohany v Germany School Society [2017] KEELRC 1919 (KLR)
✦ The Court finds that the Respondent discriminated against the Claimant by excluding her from the pension scheme and awards her damages for discriminatory practice and 12 months salary as damages for unlawful redundancy.
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Kenya Game Hunting and Safari Worker’s Union v African Quest Safaris Limited [2017] KEELRC 1858 (KLR)
✦ Claimants have established they have a simple majority of unionisable employees and are the correct union to represent workers in the industry. Respondent is ordered to sign a recognition agreement with Claimants within 30 days.
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Edna Semiti v Intex Construction Limited [2017] KEELRC 1855 (KLR)
✦ The Court finds in favor of the Claimant and orders that her employment cannot be terminated without due process and valid reasons.
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Mwanahamisi Athman Ali v Muungano Social Club t/a Ali Bin Abi Talib Nursery School [2017] KEELRC 1918 (KLR)
✦ The motion is competent and the claimant is granted leave to amend the pleadings to include the new parties.
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Kazungu Kalama Nguma & another v Victor Okoth Waudi [2017] KEELRC 1908 (KLR)
✦ The suits by the two claimants are dismissed.
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Kaleb Kariba v Kenya Deposit Insurance Corporation [2017] KEELRC 1911 (KLR)
✦ The Court allows the Applicant's application to file his claim out of time due to his incapacitation from a disabling disease until 2015.
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Kenya Plantation & Agriculture Workers Union v Cargill Kenya Limited [2017] KEELRC 1912 (KLR)
✦ The court directs the parties to execute the CBA in good faith with gratuity payable at the rate of 30 days pay per year of service.
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Nickson Kunyu Mbura & 6 others v Registrar of Trade Unions & 4 others [2017] KEELRC 1854 (KLR)
✦ The appeal is dismissed with no orders as to costs.
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Peter Wachira Waithanji v Ragos Trading Company Limited [2017] KEELRC 1937 (KLR)
✦ The application for consolidation fails and is dismissed.
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Kaingu Deche Washe v Hotel Sapphire Ltd [2017] KEELRC 1894 (KLR)
✦ The termination of the claimant's employment contract was found to be unfair due to the failure to follow a fair procedure and the lack of valid and fair reason for dismissal.
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Kenya Scientific Research International Technical and Allied Institutions Workers Union v Kenya Marine and Fisheries Research Institute [2017] KEELRC 1917 (KLR)
✦ The motion for setting aside the judgment is dismissed for lack of merits. The motion to disqualify the trial judge is also dismissed.
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Dickson Matingi v DB Schenker Limited [2017] [2017] KEELRC 1903 (KLR)
✦ The Court upholds the original award
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Isaac Opicho Mukhwana v Diakonia Sweden [2017] KEELRC 1936 (KLR)
✦ The Court finds the objection raised by the Respondent not well taken and proceeds to overrule it with costs being in the cause.
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John Nataboba v Tick Security Services Ltd [2017] KEELRC 1904 (KLR)
✦ The termination was found to be unfair due to lack of valid reason and fair procedure. The claimant is awarded one month salary in lieu of notice plus 3 months salary as compensation for unfair termination.
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Fredrick Ouma Ogwayo v Townchic Limited [2017] KEELRC 1900 (KLR)
✦ The termination was substantively and procedurally unfair, and the Claimant is awarded six months' salary in compensation, one month's salary in lieu of notice, and service pay for three completed years of service.
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William Wambua Munyao v Thika Coffee Mills [2017] KEELRC 1825 (KLR)
✦ The application is allowed, the order made on 28th September 2016 is set aside, and the Respondent's case is reopened for viva voce hearing
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Faith Waithaka v Flexenclosure Kenya Limited [2017] KEELRC 508 (KLR)
✦ The court dismissed the application for review, finding that the claims of commission and termination on account of pregnancy were unsubstantiated.
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Kenya Private Universities Workers Union Kenya Methodist University [2017] KEELRC 187 (KLR)
✦ The termination was not unfair as the respondent followed due process and had a valid reason.
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Fanuel Ochieng Martins v Vatan Plastic Africa Limited & another [2017] KEELRC 728 (KLR)
✦ Claimant is awarded Kshs.210,000 in total, including one month's salary in lieu of notice, one month's salary as compensation for unlawful termination, and four months' salary arrears.
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Hosea Kipkorir Serem v Moi Teaching and Referral Hospital [2017] KEELRC 1673 (KLR)
✦ The court quashed the decision of the Hospital Staff Disciplinary Advisory Committee due to bias and lack of procedural fairness.
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Joaqim Mbithi Mulinge v Transoceanic Projects & Development [K] Limited [2017] KEELRC 1050 (KLR)
✦ Termination was unfair, and the Respondent shall pay the Claimant the equivalent of 6 months' gross salary in compensation for unfair termination at Kshs. 1,020,000.
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Janet Kwamboka & another v Flomana Best Solution Services Ltd [2017] KEELRC 833 (KLR)
✦ The court finds that the employment of Janet Kwamboka was terminated unfairly and awards her various remedies including notice pay, underpayments, service pay, and compensation.