Kenyan case law
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Josephat Shikonde v Teachers Service Commission [2019] KEELRC 2107 (KLR)
✦ The application lacks merit and is dismissed.
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Anthony Karanja Chege v Attorney General, acting for the Office of the President, Ministry of Interior and Coordination of National Government [2019] KEELRC 1750 (KLR)
✦ The claimant was constructively dismissed and awarded compensation for unfair termination of employment.
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Khalid Salim Omare & 5 others v Swaleh Awadh Swaleh & another [2019] KEELRC 2037 (KLR)
✦ The 1st Respondent’s application to strike out the claim is allowed, and the 1st Respondent’s name is struck off from the proceedings.
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Lazarus Masika Mayende v Muloil Limited [2019] KEELRC 2017 (KLR)
✦ The Court finds that the Respondent failed to prove the ground of desertion of duty against the Claimant, and the dismissal was wrongful. The Claimant is entitled to compensation.
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Naphtaly Omido v Secretary to The Board of Management Namundera Mixed Secondary School [2019] KEELRC 2106 (KLR)
✦ The application to stop the taxation of the bill of costs is dismissed as the applicant has not provided evidence of any appeal and the intended appeal would not be rendered nugatory if the bill of costs is taxed.
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Charles M. Kiget v Majani Mingi Group of Companies Limited [2019] KEELRC 2578 (KLR)
✦ Claims for salary arrears due to employment disputes are time-barred if not filed within 3 years from the date the cause of action arose, except for claims arising from the repealed Employment Act Cap 226, which must be filed within 6 years.
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Jackson Mbaza Mbali v Gilani’s Supermarket Limited [2019] KEELRC 990 (KLR)
✦ The claims are dismissed. The claimant is entitled to pay for days worked up to 15th December 2011, which is Ksh.4,128.00. The claimant is not entitled to service gratuity or compensation.
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James Mchovoti Nalisi v Eclipse International Limited [2019] KEELRC 1081 (KLR)
✦ The court finds the claimant underpaid and dismisses the claimant's request for notice pay and compensation. The court orders the respondent to pay the claimant underpayments, public holidays pay, annual leave pay, and salary for 24 days in January 2014, less the loan and salary advances.
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Celina Nadite & 19 others v National Police Service Commission [2019] KEELRC 2120 (KLR)
✦ The petitions lack merit and are dismissed.
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Philip Otiende Adundo v Chairperson, Kisumu County Assembly Service Board & 5 others [2019] KEELRC 2119 (KLR)
✦ The claimant was lawfully and fairly removed from office by way of summary dismissal.
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John Oduor Osur v Big Road Enterprises [2019] KEELRC 2031 (KLR)
✦ The Claimant's employment was on probation, and he was not entitled to notice pay or compensation. The court orders the Respondent to pay the Claimant 7 days' salary in lieu, house allowance for 5 months, and prorata leave pay for 5 months.
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Moses Oloo Miseh v Migori County Assembly Service Board [2019] KEELRC 2108 (KLR)
✦ Application for stay of execution of judgment is dismissed
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Kenya Union of Domestic, Hotels, Educational Institutions, Hospitals and Allied Workers (KUDHEIHA) v BOM Mji Mazuri Girls School [2019] KEELRC 1042 (KLR)
✦ The court orders the respondent to pay the claimant the underpaid salaries and house allowances, including interest and costs.
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Leonard Bonyo Olende v Philip Ruto Lopokoyit [2019] KEELRC 1061 (KLR)
✦ The court finds in favor of the claimant for the payment of underpayments and annual leave pay, less the amount paid by the respondent.
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Joshua Otieno Orimba v H Young & Company (EA) Limited [2019] KEELRC 2123 (KLR)
✦ The Court finds the dismissal unfair and orders the Respondent to pay the Claimant one month's salary in lieu of notice, three months' salary as damages for the unfair dismissal, and interest on these amounts.
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Enos Otieno Auch v East African Portland Cement Company Limited [2019] KEELRC 2024 (KLR)
✦ The Petitioner's suspension was found to be unlawful and the Petition is not sub judice.
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Charles Nderitu Gitonga v Kirinyaga Construction (K) Limited [2019] KEELRC 2114 (KLR)
✦ The court ordered the Respondent to pay the Claimant one month's salary as notice, 5 months' unpaid salary, gratuity, damages for unlawful dismissal, and costs of the suit.
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Hillary Gathuku Kirunyu v B.O.M Nyaribo Primary School [2019] KEELRC 2133 (KLR)
✦ The suit is dismissed with costs to the Respondent.
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Mary Wairimu Gitindi v Kenya National Union of Nurses; Upstate Kenya Auctioneers (Interested Party) [2019] KEELRC 2147 (KLR)
✦ Motion dismissed with costs to the Claimant/Respondent, execution may proceed
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Michael Ekai Aremon v Anti-Counterfeit Agency [2019] KEELRC 2041 (KLR)
✦ The Court certified the application as urgent and ordered the Respondent to maintain the status quo in any disciplinary action against the Claimant pending the outcome of the police station investigations.
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Joyce Njeri Mathu v Tony Monda & 3 others [2019] KEELRC 2005 (KLR)
✦ Termination of claimant's service was unfair and the court awards full compensation.
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Banking Insurance and Finance Union (Kenya) v Barclays Bank of Kenya [2019] KEELRC 1809 (KLR)
✦ The claim is found without merit and dismissed with no order as to costs.
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Monica Sang v Habib Bank Limited [2019] KEELRC 2064 (KLR)
✦ The Claimant's claim has no merit and is rejected.
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Emma Wambui Mburu v AAR Health Services Limited [2019] KEELRC 2136 (KLR)
✦ The termination of the Claimant's employment was unfair due to lack of procedural fairness.
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David Kahuru Mburu v SBI International Holding AG Kenya [2019] KEELRC 2003 (KLR)
✦ The application is found without merit and is hereby dismissed.