Kenyan case law
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Owuor v Longitude International Ltd (Cause 111 of 2017) [2022] KEELRC 1342 (KLR) (30 June 2022) (Ruling)
✦ The Respondent's motion to introduce a witness statement is denied.
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Khahukani v Oburu (Cause 227 of 2016) [2022] KEELRC 12703 (KLR) (30 June 2022) (Judgment)
✦ Judgment for claimant in the amount of Ksh.10,000 for notice pay and Ksh.20,000 for annual leave, with each party bearing their own costs.
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Korir v Bunson Travel Services Limited (Cause 160 of 2018) [2022] KEELRC 4134 (KLR) (30 June 2022) (Judgment)
✦ Employment was terminated unfairly due to lack of procedural fairness
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Leo Design Limited v Maina (Cause E144 of 2021) [2022] KEELRC 1385 (KLR) (30 June 2022) (Ruling)
✦ The Respondent/Applicant's notice of motion is dismissed with costs to the Claimant/Respondent
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Natabona v Tick Security Services Ltd (Cause 238 of 2016) [2022] KEELRC 1103 (KLR) (30 June 2022) (Judgment)
✦ The court finds for the Claimant and orders the Respondent to pay the following: one month salary in lieu of notice, ten months underpayment of salary/dues, unpaid housing allowance, payment in lieu of public holidays, unpaid overtime, payment in lieu of accrued leave days, and payment in lieu of unclaimed rest days.
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Muthui v Secretary County Service Board, Nyandarua County Assembly & another (Petition E004 of 2022) [2022] KEELRC 1406 (KLR) (30 June 2022) (Judgment)
✦ The petition is dismissed as it lacks merit.
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Mukindia & 20 others v Kenyatta University (Cause 12 of 2020) [2022] KEELRC 12700 (KLR) (30 June 2022) (Ruling)
✦ Application dismissed without merit
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Matseshe v Kenya Institute of Management Limited (Cause 303 of 2017) [2022] KEELRC 4051 (KLR) (30 June 2022) (Judgment)
✦ The court finds the termination of employment unfair and orders the respondent to pay compensation, gratuity, and unremitted Sacco and PAYE dues.
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Nyamai v Badar Hardware Limited (Miscellaneous Application E058 of 2021) [2022] KEELRC 1404 (KLR) (30 June 2022) (Directions)
✦ The Court gives further directions for the Applicant to file a supplementary affidavit containing the Director's decision and for the Respondent to file a further affidavit if necessary.
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Mudasia v Kansai Plascon Kenya Limited (Cause E159 of 2022) [2022] KEELRC 4069 (KLR) (30 June 2022) (Ruling)
✦ An interim conservatory order is issued prohibiting the respondent from advertising or recruiting in the claimant's position until the suit is heard and determined
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Chimphondah v Company for Habitat and Housing Africa (Shelter Afrique) (Petition E038 of 2022) [2022] KEELRC 1386 (KLR) (30 June 2022) (Ruling)
✦ The court declared that the Respondent is not immune from prosecution and execution proceedings.
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Onyirwoth v Tusker Football Club (Cause 1450 of 2016) [2022] KEELRC 4029 (KLR) (30 June 2022) (Judgment)
✦ The court finds that the termination of employment was unfair and without just cause, and orders the respondent to pay the claimant notice pay, compensation for the incomplete contract, and a certificate of service.
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Ogolah v Postal Corporation Of Kenya (Cause 1186 of 2016) [2022] KEELRC 4032 (KLR) (30 June 2022) (Ruling)
✦ Application to dismiss the suit for want of prosecution is allowed, but the claimant is given 30 days to set the matter for hearing. If not set, the suit will be dismissed with costs to the respondent.
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Muthui v Kenya Rural Roads Authority (Kerra (Petition E210 of 2021) [2022] KEELRC 4024 (KLR) (30 June 2022) (Judgment)
✦ The court finds that the termination of petitioner's employment based on an alleged three-year contract is invalid and that her employment is governed by a permanent and pensionable contract.
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Kamau v Kuku Food Kenya Limited (Cause 5 of 2020) [2022] KEELRC 1405 (KLR) (30 June 2022) (Judgment)
✦ The termination was unfair and the Claimant was awarded 1 month salary in lieu of notice and 8 months salary as compensation for the unfair termination.
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Idha v Contractors (Cause 470 of 2018) [2022] KEELRC 1161 (KLR) (30 June 2022) (Ruling)
✦ The Court finds no merit in the Respondent's Notice of Motion and dismisses the motion with costs to the Claimant.
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Motrex Limited v Wanyonyi (Miscellaneous Application E038 of 2021) [2022] KEELRC 1403 (KLR) (30 June 2022) (Ruling)
✦ The Court grants the Applicant leave to appeal out of time and allows the appeal to be filed within 30 days.
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Lwungi v Agro-Irrigation Pump Servces Limited (Cause 547 of 2016) [2022] KEELRC 12705 (KLR) (30 June 2022) (Judgment)
✦ The claim is dismissed in its entirety.
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Thumbi v Sparkling Clean Services Ltd (Cause 1093 of 2016) [2022] KEELRC 1476 (KLR) (30 June 2022) (Judgment)
✦ The claimant was not unfairly dismissed.
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Okuta & 26 others v Migori County Government & another (Cause 38 of 2018) [2022] KEELRC 1378 (KLR) (30 June 2022) (Judgment)
✦ The court orders the 1st, 3rd, 5th, 6th, 18th and 22nd claimants to be absorbed into the Respondents permanent employment. The Respondents shall implement the Suitability Report in relation to the rest of the claimants in full compliance with Section 40 of the employment Act, 2007. The Respondents shall bear the costs of the suit.
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Musembi v Tononoka Rolling Mills (Cause 669 of 2016) [2022] KEELRC 4058 (KLR) (30 June 2022) (Judgment)
✦ The employment was found to be unfair and the claimant is awarded notice pay, compensation, and service pay.
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Mbukha v CRJE (East Africa) Limited (Cause 767 of 2017) [2022] KEELRC 4059 (KLR) (30 June 2022) (Judgment)
✦ Claimant is entitled to compensation, notice pay, house allowance, and a certificate of service.
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Musili v Power Star Limited (Cause 1209 of 2017) [2022] KEELRC 4062 (KLR) (30 June 2022) (Judgment)
✦ The court finds the termination of the claimant's employment unfair and without just cause, and orders compensation and other remedies.
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Kenya Union Of Domestic, Hotels, Educational Institutions, Hospitals And Allied Workers Union v Gertrudes Children Hospital (Cause 1184 of 2016) [2022] KEELRC 4112 (KLR) (30 June 2022) (Judgment)
✦ Claims dismissed in their entirety
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Angila v Makini School Limited (Cause 586 of 2019) [2022] KEELRC 4057 (KLR) (30 June 2022) (Judgment)
✦ The court finds that the termination of employment was unfair and unlawful, and orders compensation of Kshs 124,000.