Kenyan case law
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Nderitu v Chase Bank (K) Limited (In Receivership) (Cause 365 of 2017) [2022] KEELRC 1191 (KLR) (7 July 2022) (Ruling)
✦ The Court dismissed the Respondent's Preliminary Objection.
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Kenya County Government Workers’ Union v County Public Service Board Of Machakos (Cause 62 of 2016) [2022] KEELRC 1182 (KLR) (7 July 2022) (Ruling)
✦ The court finds that the application for review and setting aside should be determined by Hon. Anne Mwaure
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Muckoya v Nevira Minerals Limited (Cause E488 of 2021) [2022] KEELRC 1333 (KLR) (7 July 2022) (Ruling)
✦ The Employment and Labour Relations Court has jurisdiction to hear the case, but the matter is transferred to the Chief Magistrates Court.
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Ouko v Equator Bottlers Limited (Cause 17 of 2020) [2022] KEELRC 1308 (KLR) (7 July 2022) (Judgment)
✦ The termination was unfair as the disciplinary process did not meet the requirements of the Employment Act.
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Kibogong v Kenyatta National Hospital Board of Management (Cause 151 of 2014) [2022] KEELRC 1295 (KLR) (7 July 2022) (Judgment)
✦ The employment of the claimant was lawfully terminated by expiration of the contract, and the claimant is not entitled to reinstatement or other reliefs.
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Wausi v Jubilant Kenya Limited (Cause 869 of 2017) [2022] KEELRC 1363 (KLR) (7 July 2022) (Judgment)
✦ Claimant is awarded Kshs. 263,200.00 for unpaid salaries and 17 days of unpaid leave.
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Mukilya v Sibed Transport Company Limited (Cause 356 of 2017) [2022] KEELRC 1296 (KLR) (7 July 2022) (Judgment)
✦ The court finds the dismissal unlawful and unfair, and orders compensation of Kshs 180,000 for unlawful and unfair dismissal, Kshs 30,000 in lieu of one-month notice, and Kshs 66,000 in respect of unpaid public holidays worked.
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Muigai v Murban Movers (Cause 2175 of 2015) [2022] KEELRC 1293 (KLR) (7 July 2022) (Ruling)
✦ The application is dismissed for lack of merit
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Wetende & 2 others v Population Services Kenya & 2 others (Cause 253, 254 & 255 of 2016 (Consolidated)) [2022] KEELRC 14694 (KLR) (7 July 2022) (Ruling)
✦ The Applicants are deserving of the orders sought
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Kevin v Mohammed Ali Kassamali Madhani t/a Mohamed Madhani & Co. Advocates (Cause E294 of 2020) [2022] KEELRC 1299 (KLR) (7 July 2022) (Judgment)
✦ The Court finds the Claim without merit and declines the claim.
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Waweru v Soloplant Kenya Limited (Cause 2184 of 2016) [2022] KEELRC 1285 (KLR) (7 July 2022) (Judgment)
✦ The claimant is entitled to payment of Kshs 60,000 deducted from his hard-earned dues and is not entitled to any compensation for wrongful dismissal.
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Meshack v Hipora Business Solutions (EA) Limited (Cause 322 of 2016) [2022] KEELRC 1266 (KLR) (6 July 2022) (Judgment)
✦ The redundancy of the Claimant was unlawful due to non-compliance with the statutory procedure for redundancy.
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Katatsa v Mumias Sugar Company Limited (Cause 608 of 2015) [2022] KEELRC 1188 (KLR) (6 July 2022) (Ruling)
✦ The respondent's preliminary objection succeeds, and the claimant's application is dismissed.
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Kenya Hotel & Allied Workers’ Union v Karen Blixen Camp Limited (Cause 647 of 2011) [2022] KEELRC 1190 (KLR) (6 July 2022) (Ruling)
✦ The court is not functus ocio and the deductions are to be made by the particular employer who is making the payments.
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Otwere v Bedrock Holding Limited (Cause 2060 of 2017) [2022] KEELRC 1192 (KLR) (6 July 2022) (Judgment)
✦ The termination of the claimant's employment was neither substantively nor procedurally fair
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King’ori v Absa Bank Kenya PLC (Cause E647 of 2021) [2022] KEELRC 1262 (KLR) (6 July 2022) (Ruling)
✦ The Court finds that the Applicant has established a prima facie case with probability of success and has suffered irreparable loss. The balance of convenience falls in favour of the Applicant.
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Chang'awa v Gertrude’s Children Hospital (Cause 2203 of 2016) [2022] KEELRC 1310 (KLR) (6 July 2022) (Judgment)
✦ The termination of employment was found to be unfair and unlawful due to the lack of valid and fair reasons and procedural fairness.
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Muriithi & 8 others v Registered Trustees of the Sisters of Mercy(Kenya) t/a The Mater Misericordiae Hospital (Cause 153, 212 & 241 of 2015 (Consolidated)) [2022] KEELRC 1376 (KLR) (5 July 2022) (Ruling)
✦ The application for review of the stay of execution order is dismissed as the applicants have not met the threshold for the orders sought.
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Gitau v Delamere Estate Limited (Cause 404 of 2017) [2022] KEELRC 1193 (KLR) (5 July 2022) (Judgment)
✦ Claimant's termination was unfair and unlawful due to lack of proper redundancy notice.
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Kenya Union of Water and Sewerage Employees v Tana and Athi Rivers Development Authority; Union of Kenya Civil Party (Intended Interested Party) (Cause E288 of 2021) [2022] KEELRC 1379 (KLR) (5 July 2022) (Ruling)
✦ The Interested Party's application is incurable, untenable, vexatious, and should be dismissed with costs to the Claimant.
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Kenya County Government Workers Union v County Public Service Board of Narok (Cause 457 of 2016) [2022] KEELRC 1145 (KLR) (5 July 2022) (Ruling)
✦ The court found the Respondent in contempt of court for disobeying the court's orders to reinstate the grievant and ordered the Respondent to be committed to jail for contempt.
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Mwangi v The Trustees of Premier Academy Charitable Trusr T/A Premier Academ (Cause 2161 of 2017) [2022] KEELRC 1390 (KLR) (5 July 2022) (Judgment)
✦ The court found that the Respondent did not create a legitimate expectation of renewal of the contract, and thus the Claimant is not entitled to the reliefs sought.
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Cheboror v Libya Oil Kenya Limited (Cause 81 of 2016) [2022] KEELRC 1391 (KLR) (5 July 2022) (Judgment)
✦ The termination was found to be unfair as the respondent failed to prove a valid and fair reason for the dismissal and did not follow a fair procedure.
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Magati v Kiatu Co-operative Savings and Credit Society Limited (Cause 818 of 2018) [2022] KEELRC 1389 (KLR) (5 July 2022) (Ruling)
✦ The preliminary objection is dismissed as the suit is not statute barred.
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Republic v Principal Secretary, Ministry of Defence & 2 others (Judicial Review Application E011 of 2020) [2022] KEELRC 1380 (KLR) (4 July 2022) (Judgment)
✦ The court dismisses the suit and finds no merit in the Ex Parte Applicant's claims. The court orders no costs.