Kenyan case law
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Okoiti v National Executive of the Republic of Kenya & 14 others; Agricultural Development Corporation (ADC) (Interested Party) (Cause 60 of 2020) [2021] KEELRC 1459 (KLR) (2 March 2021) (Ruling)
✦ The court dismissed the objections and allowed the petition, finding that the National Executive of the Republic of Kenya is a constitutional office and a proper party to the petition. The court also ruled that the documents were legally obtained and the 1st respondent is capable of suing and being sued.
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Allan Mwangi Muturi v Kenya Airports Authority [2021] KEELRC 1484 (KLR)
✦ The court dismissed the application
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Ruth Nyabio v Beverly Schools of Kenya Limited [2021] KEELRC 2352 (KLR)
✦ The court found that the employment contract was verbal and that the claimant was entitled to the balance of her wages. The termination was found to be unfair.
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Kenya Union Of Commercial, Foods and Allied Workers v National Hospital Insurance Fund; Salaries And Remuneration Commission (Intended Interested Party) [2021] KEELRC 2066 (KLR)
✦ The court finds that SRC does not have a mandate in the CBA negotiations between NHIF and KUCFAW and that SRC is not entitled to the prayers sought.
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Margaret Wanjiku Kimani v Kenya Deposit Insurance Corporation [2021] KEELRC 2093 (KLR)
✦ The Court declines the Claimant's application to amend her Statement of Claim and orders no costs.
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Bernard Kiiru Mwangi v Faulu Microfinance Bank Limited [2021] KEELRC 2055 (KLR)
✦ The Court finds that the failure to consider submissions is not an error apparent on the face of the record and is not a basis for review. The Application is dismissed.
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Patrick Lumumba Wakhusama v Edward Ndungu & another [2021] KEELRC 2063 (KLR)
✦ The termination of the claimant's employment was not unfair and unlawful, as the Respondents had valid reasons for summarily dismissing the claimant. However, the employer was required to give a fair hearing as provided for under section 41 of the Employment Act, 2007.
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Rukiya Abdul Jabbar v Diamond Trust Bank Limited [2021] KEELRC 2094 (KLR)
✦ The Court declined the claimant's prayer for a declaration of unfair termination, certificate of service, and arrears of salary. The Court ordered the payment of 1-month salary in lieu of notice and 12 months' salary in compensation for unfair termination.
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Kinyua Felix v Ministry of Education & 2 others [2021] KEELRC 2069 (KLR)
✦ The court finds no proof of discrimination and dismisses the petition.
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Narayaran Krishnamurthy v Nairobi West Hospital [2021] KEELRC 2070 (KLR)
✦ The Court finds that the Parties have selected their own forum through the mediation/arbitration clause and the dispute is at the wrong forum.
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Andrew Mokaya Maubi v Meru University of Science and Technology & 2 others; Bosire Monari Mwebi (Interested Party) [2021] KEELRC 1440 (KLR)
✦ The court denied the petitioner's application for conservatory orders and final orders, finding that the revocation was within the appointing authority's discretion and that the petitioner failed to establish a prima facie case for reinstatement or compensation.
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Charles Okungu Odhiambo & 28 others v Juja Coffee Exporters Limited [2021] KEELRC 2040 (KLR)
✦ The employment relationship was not established, and the claims must fail.
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Kenya Union of Pre-Primary Education Teachers v Secretary, Laikipia County Public Service Board & another [2021] KEELRC 2075 (KLR)
✦ The court finds that there exists an employee-employer relationship (privity of contract) between the grievants and the 1st Respondent, the County Government of Laikipia.
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County Assembly of Embu v Embu County Public Board [2021] KEELRC 2076 (KLR)
✦ The court has jurisdiction to handle the dispute.
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Kenya Union of Commercial, Food & Allied Workers v Kitui Water and Sanitation Company [2021] KEELRC 2095 (KLR)
✦ The court allowed the application, granting a stay of execution and taxation pending the hearing and determination of the appeal.
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Charles Waweru Kimani & 9 others v Kenya Kazi Services Limited; Kenya Private Universities Workers Unio & 2 others (Interested Parties) [2021] KEELRC 1992 (KLR)
✦ The decision of the Taxing Master is set aside, and the Bill of Costs shall be taxed afresh.
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David Kariuki Namu v Institute of Policy Analysis and Research [2021] KEELRC 2099 (KLR)
✦ The Court declines the Application and orders no order on costs.
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Rhoda Njeri Kiguru v Kiambaa Dairy Farmers Co-operative Society [2021] KEELRC 2077 (KLR)
✦ The application is allowed, and the decree of the court is amended to abide by the terms of the Court of Appeal judgment
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Mbiti Francis Musoli & 2 others v Equator Bottlers Limited [2021] KEELRC 2101 (KLR)
✦ The Court finds that the Claimants were on fixed-term contracts that expired by effluxion of time, and there was no unfair termination of employment. The Claimants' outstanding leave were paid for in cash.
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Albert Aki Malongo v Chemelil Sugar Co Ltd [2021] KEELRC 2097 (KLR)
✦ The Court allows the Respondent to settle the outstanding decretal sum by 9 equal monthly instalments, commencing on 1 March 2021.
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Jeanne Hellen Onyango v County Secretary Kisumu & 2 others [2021] KEELRC 2103 (KLR)
✦ The Court allows the Motion dated 8 July 2020 in terms of order 4
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Michael Kojo Otieno & another v Governor, County Of Homa Bay & 2 others [2021] KEELRC 2104 (KLR)
✦ A declaration is issued that the Respondents violated sections 13A and 14 of the Urban Areas and Cities (Amendment) Act, 2019, and the Respondents are ordered to commence afresh the appointment of members of the Homa Bay Municipality Board.
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Peter Otieno Okumu v Thomas & Piron Grands Lacs Ltd [2021] KEELRC 2068 (KLR)
✦ The Court finds the Claimant was on a term contract and not casual employment basis. The Respondent unfairly terminated the Claimant’s employment.
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Kimingi v SMEC International PTY Limited (Petition E034 of 2020) [2021] KEELRC 2122 (KLR) (24 February 2021) (Ruling)
✦ The Petition is struck out and the Respondent is granted costs of the motion.
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Mabel Kibore v National Oil Corporation Limited [2021] KEELRC 2058 (KLR)
✦ Claimant's Notice of Preliminary Objection is dismissed with no order as to costs.