Kenyan case law
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Okoyo v Whitty Wash Limited (Miscellaneous Application E026 of 2022) [2024] KEELRC 1804 (KLR) (11 July 2024) (Ruling)
✦ The corporate veil is lifted, and personal liability is imposed on the directors for the decree
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Naliaka v Diamond Trust Bank Limited (Employment and Labour Relations Cause E059 of 2021) [2024] KEELRC 1748 (KLR) (11 July 2024) (Judgment)
✦ The termination was unfair and unjustified
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Sierra Flora Limited v Kerubo (Appeal 29 of 2023) [2024] KEELRC 1812 (KLR) (11 July 2024) (Ruling)
✦ The court issues an order for stay of execution pending the hearing and determination of the appeal.
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Kiphinga v Kenya Power & Lighting Company Ltd (Cause E055 of 2023) [2024] KEELRC 1791 (KLR) (11 July 2024) (Judgment)
✦ The court has jurisdiction to enforce the Director's award and the claimant is entitled to the reliefs sought, except for the declaration that the Respondent committed an offence under WIBA.
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Chemutai v County Government of Nakuru & 3 others (Judicial Review E001 of 2024) [2024] KEELRC 1780 (KLR) (11 July 2024) (Ruling)
✦ The application is allowed and an order of mandamus is issued compelling the respondents to pay the applicant the sum of Kshs5,360,504/= plus costs of Kshs192,504/=, together with interest @ 14% per annum on both sums of money from July, 2023 till payment in full.
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Musungu v Professional Clean Care Limited (Cause 884 of 2018) [2024] KEELRC 1831 (KLR) (11 July 2024) (Judgment)
✦ The Court held that the Claimant’s employment was terminated, not absconded duty.
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Mohamed v Jetlite Air Limited (Cause E429 of 2022) [2024] KEELRC 1811 (KLR) (11 July 2024) (Judgment)
✦ The court held that the Respondent's unilateral reduction of the Claimant's salary was not valid and that the parties' contract required written variation, which was not provided.
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Muthama v Leo Investment Limited (Employment and Labour Relations Appeal 10 of 2020) [2024] KEELRC 1797 (KLR) (11 July 2024) (Judgment)
✦ The learned magistrate erred in law and in fact by failing to make a finding that the manner of the Appellant’s termination was unfair and unlawful.
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Adan v County Public Service Board – Mandera & another (Employment and Labour Relations Petition E074 of 2020) [2024] KEELRC 1805 (KLR) (11 July 2024) (Ruling)
✦ The application is dismissed with costs.
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Mwangi (Suing as the legal representative of John Karanja Mirichi (Deceased) v Lijodi & another (Miscellaneous Application E079 of 2023) [2024] KEELRC 1818 (KLR) (11 July 2024) (Ruling)
✦ The court finds the notice of motion meritorious and allows it with costs.
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Kiarago v Mathews t/a Matbronze Wildlife Art (Cause E206 of 2023) [2024] KEELRC 1786 (KLR) (10 July 2024) (Judgment)
✦ The court found that the Claimant was not constructively dismissed and denied her claim for constructive dismissal.
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Kenya Shoe & Leather Workers Union v Technoplast Ltd (Cause E781 of 2023) [2024] KEELRC 1785 (KLR) (10 July 2024) (Ruling)
✦ The court finds the Respondent's Notice of Preliminary Objection meritorious and dismisses the suit.
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Kenya County Government Workers Union - Bungoma Branch v Bungoma County Public Service Board & another; Muyundi (Interested Party) (Petition 1 of 2019) [2024] KEELRC 1782 (KLR) (10 July 2024) (Ruling)
✦ The court disallows the application, subject to Mr. Makokha standing down as an advocate to be cross-examined on his replying affidavit dated 27th October 2023 as a witness.
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Gichira v Teachers Service Commission & another (Judicial Review Miscellaneous Application E007 of 2024) [2024] KEELRC 1799 (KLR) (10 July 2024) (Ruling)
✦ The Court ordered the Commission to pay the Applicant Kshs 240,533/- as a one-month salary cushion and interest at court rates.
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Musyoki v Kenya Airways Limited (Cause E644 of 2021) [2024] KEELRC 1788 (KLR) (10 July 2024) (Ruling)
✦ The Judge is disqualifying himself from the case and each party shall bear its own costs.
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Were v Laborex Kenya Limited (Employment and Labour Relations Cause E6460 of 2020) [2024] KEELRC 1829 (KLR) (10 July 2024) (Ruling)
✦ The court dismissed the suit for want of prosecution.
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Dantrack Logistics Limited v Chief Magistrate Court at Nairobi Milimani Commercial Courts (CMEL Cause No 336 of 2019) & another (Appeal E026 of 2022) [2024] KEELRC 1830 (KLR) (10 July 2024) (Judgment)
✦ The learned magistrate did not err in law and fact in holding that the 2nd Respondent's services were unprocedurally, unfairly and unlawfully terminated.
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Mwangani v Standard Chartered Bank Limited (Cause E6540 of 2020) [2024] KEELRC 1787 (KLR) (10 July 2024) (Judgment)
✦ The Court held that the movement from Manager Central Cash to Clearing and Validation was not unlawful or an unfair labour practice or malicious, and the termination on account of redundancy was not unfair.
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Mulla v Unga Farm Care East Africa Limited (Employment and Labour Relations Cause E038 of 2022) [2024] KEELRC 1790 (KLR) (10 July 2024) (Judgment)
✦ The dismissal was not fair and justifiable, and the claimant is entitled to the remedies sought.
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Kenya Union of Commercial Food and Allied Workers v Koimu Limited (Cause E987 of 2023) [2024] KEELRC 1724 (KLR) (9 July 2024) (Ruling)
✦ The motion is dismissed as unmerited, and the parties are encouraged to negotiate and write to the Cabinet Secretary for Conciliator appointment.
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Kirui v Ekaterra Tea Kenya PLC (Employment and Labour Relations Cause E013 of 2023) [2024] KEELRC 1747 (KLR) (9 July 2024) (Judgment)
✦ The Court found the dismissal to be procedurally unfair and ordered reinstatement with back pay.
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Shalimar Flowers Limited v Kenya Plantation and Agricultural Workers Union (Employment and Labour Relations Cause E001 of 2024) [2024] KEELRC 1746 (KLR) (9 July 2024) (Judgment)
✦ The court found the strike notice to be illegal and unprocedural, and ordered the ministry of Labour to appoint an impartial conciliator to determine the dispute.
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Kaugi v Absa Bank Kenya PLC (Cause E144 of 2022) [2024] KEELRC 1732 (KLR) (9 July 2024) (Judgment)
✦ The court found that the Respondent had a performance management and scores rating system, but the Claimant's performance was not adequately addressed. The termination was found to be fair and the Claimant was not discriminated against.
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Njoroge v Tea Tot Hotel Limited (Cause 1462 of 2015) [2024] KEELRC 1730 (KLR) (9 July 2024) (Judgment)
✦ The Court held that the termination of employment was not unfair and unlawful, but rather a voluntary resignation by the Claimant.
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Mohamed v Director of Occupational Safety & Health Services & another (Employment and Labour Relations Cause E129 of 2023) [2024] KEELRC 1731 (KLR) (9 July 2024) (Ruling)
✦ The court issued declarations and orders in favor of the petitioner.