Kenyan case law
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Timon Otieno Mboga v Kenya Forest Service [2016] KEELRC 741 (KLR)
✦ The court ruled that the court became functus officio upon delivery of the ruling of stay of decree pending appeal and cannot give any extension or vary the orders.
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Gabriel Karimi Mwangi v Karaya Ruire [2016] KEELRC 795 (KLR)
✦ The tribunal lacked jurisdiction to hear and determine the dispute.
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Fredrick Ondiek Aroko v Moi University & another [2016] KEELRC 363 (KLR)
✦ The preliminary objection is allowed, and the claim is dismissed with costs.
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Herman Musambi v Secretary Teachers Service Commission [2016] KEELRC 1780 (KLR)
✦ The Court dismissed the Preliminary Objection and allowed the suit.
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Japheth Mutiria v Permanent Secretary Ministry of State & another [2016] KEELRC 1509 (KLR)
✦ The dismissal was for a valid reason and in terms of a fair procedure, thus the claimant is not entitled to any remedies.
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Joash Mong'are Akunga v National Oil Corporation of Kenya [2016] KEELRC 1642 (KLR)
✦ The preliminary objection is dismissed with orders that each party bears its own costs.
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John Kebaso Omayo & 3 others v Nyamira Tea Farmers Sacco Ltd [2016] KEELRC 1105 (KLR)
✦ The termination of employment was found to be wrongful, unfair and unlawful.
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Hussein Roba Boru v County Government of Isiolo & 3 others [2016] KEELRC 932 (KLR)
✦ A temporary injunction was granted to prevent the respondents from implementing the suspension and to direct the respondents to implement measures of good corporate governance
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Francis Mutinda Nyae v DPL Festive Limited [2016] KEELRC 1676 (KLR)
✦ The respondent's mistake does not justify setting aside the ex parte judgment, and the claim for house allowance is sustainable.
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Henry Kamau Ngare v Teachers Service Commission & another [2016] KEELRC 1568 (KLR)
✦ The dismissal of the claimant with the consequence that he forfeits pension benefits is set aside and substituted with retirement in the public interest effective 1.03.2005. The claimant is entitled to his legal terminal benefits as computed under the Pensions Act, Cap. 189.
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Valerie Rugene v Public Service Commission & 2 others [2016] KEELRC 754 (KLR)
✦ The Court found that the Petitioner's reprimand, re-designation, and transfer did not amount to a violation of her constitutional rights, and the 1st Respondent acted lawfully and fairly.
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Jackson Muiruri Mwangi v Sinohydro Corporation (K) Limited [2016] KEELRC 1407 (KLR)
✦ The Court finds the termination unfair and awards compensation, including 3 months' salary in compensation, 1 month's salary in lieu of notice, and severance pay for two completed years of service.
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Eunice Mwanyalo v Kiprop Bundotich & 2 others [2016] KEELRC 496 (KLR)
✦ The Respondents' application to vary the terms of payment is dismissed with costs to the Claimant
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Kenya Plantation and Agricultural Workers Union v Sotik Highlands Tea Estate Limited [2016] KEELRC 1011 (KLR)
✦ The Court found the termination of the employment of the grievants to be wrongful, unfair, and unlawful.
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H Young & Co (Ea) Ltd v Samson Okoth Orengo [2016] KEELRC 175 (KLR)
✦ The Court extended the time for filing the Record of Appeal and admitted the appeal.
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Jackline Lukamika Muchi v Mohammed Tahir [2016] KEELRC 1380 (KLR)
✦ The application is dismissed with no order as to costs as the Claimant/Applicant has not disclosed permissible grounds for review as provided under Rule 32(1) of the Employment and Labour Relations (Procedure) Rule 2010.
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Evans Kamanda Kivochi v Eldoret Mattresses Ltd [2016] KEELRC 1280 (KLR)
✦ The Court dismissed the application as frivolous, vexatious, and scandalous.
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Hesbon Obote Vikiru v Super Foam Limited [2016] KEELRC 638 (KLR)
✦ The Court found that the Respondent's termination of the Claimant's employment was unfair and ordered the Respondent to reinstate the Claimant.
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Ignas Karingo Mghona & 4 others v Star of Hope International Foundation [2016] KEELRC 1612 (KLR)
✦ Redundancy was justifiable but flawed in its execution, making termination unfair. The claimants are granted terminal dues and compensation.
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Samuel Kamau Irungu v Ritz Enterprises Limited [2016] KEELRC 1562 (KLR)
✦ The court finds that the termination was valid due to medical grounds, but the employer failed to comply with the CBA by not sending the claimant to their doctor for further confirmation. The court orders the payment of terminal dues and benefits as per the CBA.
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Henry A. Chogo & another v Attorney General & 3 others [2016] KEELRC 85 (KLR)
✦ The Petitioners' rights to a fair hearing were breached, and each is awarded Kshs. 1 million in damages.
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Samuel Maina v Power Group Technologies [2016] KEELRC 1632 (KLR)
✦ The claimant's services were terminated unfairly and without proper procedure. The claimant is awarded compensation and 7 months salary for unfair termination.
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Samuel Maina Njoroge v Teachers Service Commission & 3 others [2016] KEELRC 380 (KLR)
✦ The claimant was not entitled to obtain ex parte orders and the interim orders were discharged.
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George Morara Nyang’au v Creative Consolidated Systems Limited [2016] KEELRC 219 (KLR)
✦ The court finds that the claimant has proved the particulars of claim on a balance of probability and awards the claimant compensation for unlawful and unfair termination, notice pay, severance pay, and service gratuity.
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Hezron Mukoko Silunya v Teachers Service Commission & 9 others [2016] KEELRC 233 (KLR)
✦ The Court dismissed the petition as premature, and a temporary injunction was issued to restrain the TSC from transferring the Petitioner from Moi Girls High School to Kipsangui Boys High School.