Kenyan case law
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Makhulo v Planet Motors (MSA) Limited (Petition E020 of 2022) [2023] KEELRC 2032 (KLR) (27 July 2023) (Judgment)
✦ Judgment is entered for the petitioner against the respondent with a finding of unfair termination, compensation awarded at Kshs 38,810, and a certificate of service issued.
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Ochieng v Jambojet Limited (Cause 555 of 2018) [2023] KEELRC 1806 (KLR) (27 July 2023) (Judgment)
✦ The Court held that there was no employment relationship between the Claimant and the Respondent, and thus the Claimant is not entitled to the remedies sought.
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Ouma v Migori County Assembly Service Board & another (Petition E032 of 2022) [2023] KEELRC 1909 (KLR) (27 July 2023) (Ruling)
✦ The court granted the applicant leave to amend the petition.
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Mbugua v National Cohesion and Integration Commission (Judicial Review Miscellaneous Application E003 of 2023) [2023] KEELRC 1875 (KLR) (27 July 2023) (Ruling)
✦ The application for recusal is not warranted and is dismissed.
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Keter v Family Bank Limited (Cause E009 of 2022) [2023] KEELRC 1970 (KLR) (27 July 2023) (Judgment)
✦ The termination of employment was found to be unfair and unlawful.
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Kulundu v Chief Executive Officer, Independent Electoral and Boundaries Commission & 9 others (Employment and Labour Relations Petition E170 of 2022) [2023] KEELRC 1808 (KLR) (27 July 2023) (Ruling)
✦ The 4th to 10th Respondents are no longer members of the Independent Electoral and Boundaries Commission and should be struck out of the suit.
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Transport Workers Union v Green Hills Investment Limited (Cause 58 of 2016) [2023] KEELRC 1896 (KLR) (27 July 2023) (Judgment)
✦ The Grievant's dismissal was wrongful and unfair, and he is entitled to compensation.
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Ouko v Kenya Chemical Workers Union (Cause E014 of 2022) [2023] KEELRC 1877 (KLR) (27 July 2023) (Judgment)
✦ The retirement was found to be unfair, and the Claimant is entitled to one month's salary in lieu of notice and a service gratuity.
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Namasaka & 9 others v Kenya Medical Supplies Authority & 2 others; Public Service Commission & another (Interested Parties) (Petition E149 of 2022) [2023] KEELRC 2004 (KLR) (27 July 2023) (Judgment)
✦ The Court finds that the petitioners' claims have merit and orders the removal of KEMSA's decision to expand its management team, quashing the decision, and prohibiting KEMSA from pursuing the redundancy process.
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Munialo v Nzoia Water Services Company Limited (Cause 188 of 2018) [2023] KEELRC 1815 (KLR) (27 July 2023) (Ruling)
✦ The award to the Claimant/Respondent on account of gratuity is varied due to the payment already made, but no salary advance is found
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Sikalieh (Suing on behalf of Karen and Langata District Association) v Karobia (Cause E562 of 2022) [2023] KEELRC 1801 (KLR) (27 July 2023) (Ruling)
✦ The application is incompetent and will be struck out with costs to the respondent
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Universities Academic Staff Union (UASU) v Technical University of Kenya (Petition E195 of 2021) [2023] KEELRC 1817 (KLR) (27 July 2023) (Ruling)
✦ The petition does not meet the test in Anarita Karimi Njeru V Attorney General (supra) and is dismissed.
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Anunda v Mjengo Limited (Cause 1809 of 2016) [2023] KEELRC 2083 (KLR) (27 July 2023) (Ruling)
✦ The court dismissed the claimant's application as he failed to demonstrate a sufficient reason for his absence on the material day.
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Mutunga v Radar Limited (Appeal E002 of 2023) [2023] KEELRC 2039 (KLR) (27 July 2023) (Judgment)
✦ The appeal is allowed with an award of Kshs 53,898 compensation and Kshs 26,838 in leave pay and 50% costs of the appeal.
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Machambi v Doric Industries Limited (Cause 1628 of 2018) [2023] KEELRC 1903 (KLR) (27 July 2023) (Ruling)
✦ The Court transfers the matter to the Chief Magistrate's Court at Milimani for hearing and disposal.
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Krishnamurthy v Nairobi West Hospital (Cause E573 of 2021) [2023] KEELRC 1816 (KLR) (27 July 2023) (Ruling)
✦ The court recognizes and enforces the arbitral award
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Njore v Decasa Hotel (Cause 1478 of 2016) [2023] KEELRC 1907 (KLR) (27 July 2023) (Ruling)
✦ The court granted leave to file the Respondent's defence and documents, but closed the Claimant's case and scheduled hearing for the Respondent's case.
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Mboya v Pharmacy and Poisons Board & 3 others (Petition E030 of 2023) [2023] KEELRC 1905 (KLR) (27 July 2023) (Ruling)
✦ The application for stay of proceedings is declined with costs in the petition
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Kimonge v Standard Chartered Bank Kenya Ltd (Cause E032 of 2022) [2023] KEELRC 1844 (KLR) (27 July 2023) (Ruling)
✦ The suit is not time-barred, and the Claimant's contract was terminated on January 20, 2019.
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Mukuria v Chuna Co-opertive Savings and Credit Society Limited (Cause 607 of 2017) [2023] KEELRC 1842 (KLR) (27 July 2023) (Judgment)
✦ Claimant is entitled to the retirement benefit under clause 7D of the CBA.
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Oweya v Sichangi Partners & Associates Network LLP (Cause E037 of 2021) [2023] KEELRC 1936 (KLR) (27 July 2023) (Judgment)
✦ The claimant is entitled to notice pay, compensation for wrongful termination, and the unpaid 6 months' salary with interest.
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Maina v NCBA Bank Kenya PLC (Cause E193 of 2023) [2023] KEELRC 1853 (KLR) (27 July 2023) (Ruling)
✦ The Court directs the Respondent to produce an abridged and/or redacted version of the investigation report within 21 days from the date of this ruling.
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Were v Kenya Aerotech Limited (Cause 661 of 2018) [2023] KEELRC 1804 (KLR) (27 July 2023) (Ruling)
✦ Application dismissed with costs to the Claimant
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Thaiya v Twiga Foods Limited (Cause 15 of 2020) [2023] KEELRC 1960 (KLR) (27 July 2023) (Judgment)
✦ The court finds no evidence of constructive dismissal and dismisses the claim.
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Kimemia v East African Breweries Limited & 2 others (Cause 212 of 2020) [2023] KEELRC 1837 (KLR) (27 July 2023) (Judgment)
✦ The Court found that the disciplinary process leading to the termination of the Claimant's contract of service was not lawfully conducted, as it was conducted by entities other than the 1st Respondent (East African Breweries Limited). The Court also found that the disciplinary proceedings were not conducted in accordance with the Employment Act.