Kenyan case law
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Kenya National Union of Nurses v Garissa Public Service Board (Cause E001 of 2022) [2023] KEELRC 1946 (KLR) (28 July 2023) (Ruling)
✦ The application is dismissed with costs as the respondent was made aware of the suit and failed to respond before the judgment was entered.
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Mwikali v The Raphaelites (Cause 1150 of 2017) [2023] KEELRC 1948 (KLR) (28 July 2023) (Judgment)
✦ The court orders the Respondent to pay the Claimant Kshs.179,000 in compensation for unlawful termination.
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Kaloki v Board of Management Makivenzi ABC Girls Secondary School & 2 others (Employment and Labour Relations Appeal E004 of 2022) [2023] KEELRC 1910 (KLR) (28 July 2023) (Judgment)
✦ The appeal is hereby dismissed with costs.
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Exotic Penina Fields Group Limited v Nyasimi (Appeal E012 of 2022) [2023] KEELRC 1829 (KLR) (28 July 2023) (Judgment)
✦ The appeal is allowed with costs and the trial court’s judgment and decree set aside as the claimant’s suit therein dismissed with costs.
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Inzofu v Ipress Ltd (Cause 2412 of 2017) [2023] KEELRC 1863 (KLR) (28 July 2023) (Judgment)
✦ The court finds that the claimant was not given a valid reason for his termination and was not put through mandatory disciplinary proceedings, thus awarding the claimant one month salary in lieu of notice, compensation for unlawful termination, and costs.
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Exotic Penina Fields Group Limited v Makau (Appeal E013 of 2022) [2023] KEELRC 1919 (KLR) (28 July 2023) (Judgment)
✦ The appeal is allowed, the trial court's judgment and decree are set aside, and the claimant's suit is dismissed.
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Kenya County Government Workers Union Bungoma County Branch v Bungoma County Public Service Board & another; Nyukuri (Applicant) (Petition 1 of 2019) [2023] KEELRC 1822 (KLR) (28 July 2023) (Ruling)
✦ The court allows the procedural order and holds in abeyance the contempt application.
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Exotic Penina Fields Group Limited v Simiyu (Appeal E011 of 2022) [2023] KEELRC 1830 (KLR) (28 July 2023) (Judgment)
✦ The appeal is partially successful, with the compensation for unfair termination reduced from Kshs.113,961.24 to Kshs.94,967.70.
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Okero v Board of Governors Bukura Agricultural College & 2 others (Employment and Labour Relations Cause E007 of 2023) [2023] KEELRC 1857 (KLR) (28 July 2023) (Ruling)
✦ The court holds that the suspension was necessary and not unlawful, being an interim measure pending investigation.
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Wambu v British Army Training Unit Kenya (BATUK) (Cause E060 of 2021) [2023] KEELRC 1945 (KLR) (28 July 2023) (Judgment)
✦ The dismissal was not fair.
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Muthee v Italiana (Cause 2244 of 2015) [2023] KEELRC 1825 (KLR) (28 July 2023) (Judgment)
✦ The Court declared that the termination of the Claimant's contract was unfair and unlawful and ordered the Respondent to pay the Claimant compensation and costs.
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Ndiso v County Government of Machakos & 6 others (Petition E001 of 2022) [2023] KEELRC 1944 (KLR) (28 July 2023) (Judgment)
✦ The Court dismissed the petition with no orders on costs, finding that the petitioner failed to establish a reasonable cause of action against the respondents.
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Manono v Sava Builders Limited (Appeal E005 of 2022) [2023] KEELRC 1828 (KLR) (28 July 2023) (Ruling)
✦ The application is dismissed with costs as it is an abuse of process and unmerited
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Muthee v X-Plico Insurance Co Ltd; Prime Bank Limited & another (Garnishee) (Employment and Labour Relations Cause 1463 of 2018) [2023] KEELRC 1865 (KLR) (28 July 2023) (Ruling)
✦ The court confirmed the decree nisi as decree absolute and granted the opportunity for the 1st garnishee to be heard de novo.
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Macharia Njeru & Elijah M Njeru t/a Macharia-Mwangi & Njeru Advocates v Kimani (Appeal E043 of 2023) [2023] KEELRC 2051 (KLR) (28 July 2023) (Ruling)
✦ The court grants a stay of execution of the judgment and decree in favor of the Respondent, pending the appeal.
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Masoni v Farmforce AS (Cause E730 of 2022) [2023] KEELRC 1967 (KLR) (28 July 2023) (Ruling)
✦ The court dismissed the application to strike out the claim, finding that the Claimant did not prove there are special and exceptional cases for the court to assume jurisdiction of the matter.
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Royal Garments Industries EPZA Limited v Kanyanga (Miscellaneous Case E089 of 2023) [2023] KEELRC 2052 (KLR) (28 July 2023) (Ruling)
✦ The application is found without merit and is hereby dismissed with costs.
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Mulwa v African Medical and Research Foundation (Cause 414 of 2012) [2023] KEELRC 1947 (KLR) (28 July 2023) (Ruling)
✦ The claimant is not entitled to severance pay as he retired and clause 19 of the service agreement does not provide for payment of severance pay on retirement.
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Oyuga v Harvest Limited (Appeal 2 of 2023) [2023] KEELRC 1922 (KLR) (28 July 2023) (Judgment)
✦ The court held that the trial court did not err in finding that it lacked jurisdiction to hear and determine the suit.
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Devki Steel Mills Limited v Wambua & another (Appeal 51 of 2018) [2023] KEELRC 2049 (KLR) (28 July 2023) (Judgment)
✦ The appeal succeeds to the extent that the judgment entered against the appellant herein is hereby set aside. The 1st respondent shall be at liberty to pursue the enforcement of the judgment as against the 2nd respondent.
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Periasamy & another v Shri Gayatri Borewell (K) Limited (Cause E003 of 2022) [2023] KEELRC 1827 (KLR) (28 July 2023) (Judgment)
✦ Judgment is entered for the parties with orders: respondent to deliver claimants' certificates of service, all other claims and prayers for the claimants are declined, counterclaim is dismissed, each party to bear own costs.
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Lavington Security Guards Limited v Orege (Appeal E018 of 2023) [2023] KEELRC 1906 (KLR) (27 July 2023) (Ruling)
✦ An order for stay of execution of the judgment is granted pending hearing and determination of the appeal.
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Lubonga v Security Alert Services Limited (Appeal E009 of 2022) [2023] KEELRC 1966 (KLR) (27 July 2023) (Judgment)
✦ The Court held that the termination of employment was not in accordance with the law and ordered the Respondent to issue the Appellant's certificate of service within 24 hours and pay Kshs. 10,000 per day for default. The Appellant was also ordered to return her Sta ID card within 24 hours and pay Kshs. 10,000 per day for default.
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Dzila v Kwale County Assembly Service Board & 6 others (Cause 21 of 2020) [2023] KEELRC 1942 (KLR) (27 July 2023) (Ruling)
✦ The claimant failed to report to work after April 1, 2022 and did not file his appeal before April 29, 2022, thus not demonstrating deliberate disobedience of the court order.
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Kitheka & another (Suing as the administrators of the Estate of the Late Florence Wairimu Ndung’u - Deceased) v County Government of Lamu & another (Cause 12 of 2021) [2023] KEELRC 2034 (KLR) (27 July 2023) (Judgment)
✦ The termination of the deceased's employment was arbitrary and without due process, and thus invalid.