Kenyan case law
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Board of Trustees, National Water Conservation and Pipeline Corporation (NWCPC) Superannuation Scheme v Eldama Ravine Water & Sewerage Company Limited;Kenya Commercial Bank Limited (Ganishee) [2019] KEELRC 1938 (KLR)
✦ The respondent is not a government agency or subsidiary protected under the Government Proceedings Act. The respondent's bank accounts can be garnished to satisfy the judgment debt.
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Joseph Kibera Omote v Kenya Airports Authority [2019] KEELRC 2166 (KLR)
✦ The claims for general and special damages for malicious arrest and prosecution are dismissed. The Claimant is entitled to interest on his severance pay from 1st January 2007.
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Kenneth Nyaga Mwige v Cabinet Secretary for Transport, Infrastructure, Housing and Urban Development of Kenya & 5 others [2019] KEELRC 2038 (KLR)
✦ The Court finds merit in the Preliminary Objection and strikes out the Claim.
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John Kiptoo Lagatt v National Oil Corporation of Kenya [2019] KEELRC 2128 (KLR)
✦ The court dismissed the claimant's case for unlawful termination and damages, and dismissed the respondent's counterclaim for losses. The dismissal was presented as the culmination of a negotiation for a contract extension.
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Robert Ouko Anditi v Cornerstone Security Services Limited [2019] KEELRC 1952 (KLR)
✦ Claimant's termination is declared unlawful, and he is awarded 1 month salary in lieu of notice, 1 year leave, 15 days gratuity, and 9 months' salary as compensation for unfair termination.
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John Wekesa Wanjala v Murang’a University of Technology [2019] KEELRC 2180 (KLR)
✦ The court allows the Respondent to file its defence within 7 days and serves it with haste, permitting the Claimant to file a reply within 7 days.
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Patrick Kamunya Wambui v Wananchi Sacco Society Limited [2019] KEELRC 2174 (KLR)
✦ The dismissal was wrongful as the Claimant was heard prior to dismissal and the Respondent was to pay certain obligations. The Claimant was to clear with the Respondent and the Respondent was to pay the money owed to the Claimant.
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Samuel Wanjihia Wanjohi v Homage Services Store Limited [2019] KEELRC 2179 (KLR)
✦ Claimant is entitled to compensation for underpayment, 6 months salary compensation, costs of the suit, and interest.
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Purity Wanjiku Migwi (suing as the legal Representative of the estate of Julius Kariuki Ndichu v Valentine Atenya Mutoko [2019] KEELRC 2172 (KLR)
✦ The default judgment is set aside on terms, and the Respondent is ordered to file the defence and witness statements within 7 days.
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Jessica Wanja Kinyua v County Government Of Machakos [2019] KEELRC 2045 (KLR)
✦ The Respondent is not the proper party to be sued herein and the Preliminary Objection has merit.
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Charles Nderitu Njoya & another v Mutheka Farmers Co-operative Limited [2019] KEELRC 2175 (KLR)
✦ Dismissal was wrongful and unfair, and Claimants are entitled to 6 months gross salary as compensation.
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Eliud Indayi Sachida & 2 others v Outreach Community Centre [2019] KEELRC 2021 (KLR)
✦ The Court finds the termination unfair and unjustified, and awards compensation to the 1st and 2nd Claimants.
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Dominic Musyoka Katiso v FSI Capital Limited Formerly Known as Consumer Credit Limited [2019] KEELRC 2187 (KLR)
✦ Judgment for the Claimant for 3 months salary for unpaid leave, one month salary in lieu of notice, 12 months salary as compensation for unlawful dismissal, certificate of service, costs of the suit, and payment of unpaid NSSF deductions within 30 days.
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Mohammed Magairo Ramadhani v FSI Capital Limited Formerly known as Consumer Credit Limited [2019] KEELRC 2182 (KLR)
✦ Claimant is entitled to 3 months salary for unpaid leave, one month's salary in lieu of notice, 12 months salary for unlawful dismissal, costs, certificate of service, and payment of unpaid NSSF deductions within 30 days.
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Salome Maina v Chief Officer Dept. of Education, Laikipia County Government [2019] KEELRC 2190 (KLR)
✦ The objection to the question put to the Respondent's witness regarding the existence of a contract of employment is well-founded and upheld.
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Mwakio P. Tole v Pwani University [2019] KEELRC 2069 (KLR)
✦ Orders of Certiorari, Prohibition and Mandamus granted as prayed
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Ronald Odhiambo Owuor v Tea Warehouses Limited [2019] KEELRC 2217 (KLR)
✦ The Court allows the Respondent's Application to reopen the case and introduce new evidence, but orders the Respondent to pay the Claimant's costs.
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Philip Njuguna v Medical Relief International (Merlin) [2019] KEELRC 2132 (KLR)
✦ Dismissal was procedurally fair and Claimant's claim for unlawful dismissal was not proved.
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Peter Mutune v Yalfa Cargo Logistics Ltd [2019] KEELRC 2192 (KLR)
✦ The Respondent's Application to set aside the judgment is incompetent and an abuse of process. The Application is rejected, and execution of the judgment proceeds.
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Kenya Union of Employees of Voluntary and Charitable Organisations (KUEVACO) v Pumwani Riyadha Mosque Committee (Cause 337 of 2016) [2019] KEELRC 2139 (KLR) (22 February 2019) (Ruling)
✦ The claim is statute barred and dismissed
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Joseph Nganga Munga v Dandora Millers Limited [2019] KEELRC 2079 (KLR)
✦ The claimant was not an employee of Njemoni Limited, and the termination was not unlawful.
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Mwangangi Mbumbu v Prime Steel Mills Limited [2019] KEELRC 2143 (KLR)
✦ The Respondent was properly served with the documents through its Assistant Human Resource Officers.
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Kenya Union of Domestic, Hotels, Educational Institutions, Hospitals and Allied Workers v Catering & Tourism Development Levy Trustees;Attorney General (Third Party) [2019] KEELRC 2218 (KLR)
✦ The Court finds that the Respondent was in breach of the law when it capped severance pay to a maximum of 10 years of service and orders the Respondent to compute and file the balances of severance pay for the grievants who had over 10 years of service.
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James Finlay (Kenya) Limited v Elly Okongo Inganga, Lucas Onduso Omoke, Vitalis Otieno Muga, Rebecca Okenyuri Nyakondo, Joice Mongere Ochoi, Christopher Omwambia Chuma & Getunga Masela Indinga (Petition 30 of 2019) [2019] KEELRC 2188 (KLR) (Employment and Labour) (22 February 2019) (Order)
✦ The Court allows the motion to adopt and recognize the Scottish Court orders and to address the question of costs in a separate judgment.
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John Omondi Owino v Jomvu Gas Station t/a Total New Jomvu [2019] KEELRC 2171 (KLR)
✦ Termination was unfair and the Respondent must pay the Claimant equivalent of 6 months' salary in compensation for unfair termination, notice pay, and arrears of salary.