Kenyan case law
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Mcharo v Kenya Power & Lighting Company Limited (Cause E052 of 2022) [2023] KEELRC 2033 (KLR) (27 July 2023) (Judgment)
✦ The court finds the dismissal unfair and orders reinstatement with compensation of Ksh 904,907.50.
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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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PJ Dave Flora Limited v Wanjala (Civil Appeal 57 of 2018) [2023] KEELRC 1805 (KLR) (27 July 2023) (Ruling)
✦ The court allows the plea for enlargement of time for filing the intended appeal and grants a stay of execution subject to the Applicant depositing the entire decretal sum.
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Institutes Staff of Kenya (UNRISK) v Pest Control Products Board (Employment and Labour Relations Cause 1812 of 2017) [2023] KEELRC 2093 (KLR) (27 July 2023) (Judgment)
✦ The Court recognizes the Claimant as the representative trade union of the Respondent's workers and orders the Respondent to effect check-off deductions from its employees and remit them to the Claimant.
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Kibere v Nairobi City Water & Sewerage Company Ltd (Petition E178 of 2022) [2023] KEELRC 1899 (KLR) (27 July 2023) (Judgment)
✦ Petition dismissed
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Ndolo v Amazon Freight Limited (Cause 1258 of 2016) [2023] KEELRC 1864 (KLR) (27 July 2023) (Judgment)
✦ The Court dismisses the Claimant's suit with no order as to costs due to the unmerited nature of the claim.
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Munialo v President of Kenya & 4 others; Nzoia Sugar Company Limited (Interested Party) (Employment and Labour Relations Cause E008 of 2023) [2023] KEELRC 1969 (KLR) (27 July 2023) (Ruling)
✦ The court held that the court had jurisdiction to handle the application and the petition, finding that the appointed chairperson and directors were employees of the government.
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Kinyeki & 88 others v Kenya Ports Authority & another (Cause 40 of 2015) [2023] KEELRC 2038 (KLR) (27 July 2023) (Ruling)
✦ Application is dismissed without merit and the claim is heard on the merits.
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Keiser v Makupa Transit Shade Limited (Cause 47 of 2020) [2023] KEELRC 2030 (KLR) (27 July 2023) (Ruling)
✦ The court finds that the respondent was served with the necessary notices and has not been prejudiced. The respondent's application is dismissed.
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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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Mbithi v Chairman, Board of Management Boys High School (Civil Appeal E024 of 2022) [2023] KEELRC 1900 (KLR) (27 July 2023) (Ruling)
✦ Both grounds of the Respondent's Preliminary Objection are dismissed, and the appeal is allowed with costs to the appellant.
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Nyolo v Kenya Railways Corporation & another (Cause 50 of 2019) [2023] KEELRC 1812 (KLR) (27 July 2023) (Judgment)
✦ The 1st and 2nd Respondents are jointly and severally liable to settle the decree in Nakuru ELRC Cause No 161 of 2013.
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Tonio v Kenya Power & Lighting Co Ltd (Cause 1359 of 2018) [2023] KEELRC 1802 (KLR) (27 July 2023) (Ruling)
✦ The respondent's application is dismissed with costs to the claimant
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Mugaduka v Emmerging Ecomm Ventures Inc Limited (Cause E017 of 2023) [2023] KEELRC 1940 (KLR) (27 July 2023) (Ruling)
✦ The court lacks jurisdiction to hear and determine the claim because the respondent's principal office is located outside the territorial jurisdiction of this court and the cause of action arose outside the territorial jurisdiction of this court.
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Wesonga v Central Electrical Company Limited (Cause 1449 of 2017) [2023] KEELRC 2082 (KLR) (27 July 2023) (Judgment)
✦ The court found that the claimant's dismissal was unfair and that he is entitled to the reliefs sought.
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Otieno v Teachers Service Comission; Kenya Union of Post Primary Education Teachers (KUPPET) (Interested Party) (Cause E020 of 2022) [2023] KEELRC 1810 (KLR) (27 July 2023) (Ruling)
✦ The application is allowed and KUPPET is enjoined in the proceedings.
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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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Mbali v Villa Care Management Limited (Cause 2269 of 2015) [2023] KEELRC 1983 (KLR) (27 July 2023) (Ruling)
✦ The application is dismissed, with no order as to costs
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Mwaura v Management University of Africa (Cause 135 of 2013) [2023] KEELRC 1979 (KLR) (27 July 2023) (Ruling)
✦ The court directed parties to appear before the registrar for taking of accounts to ascertain the sums due and unpaid for final settlement of the claim.
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Dzila v Kwale County Assembly Service Board & 6 others (Cause 21 of 2020) [2023] KEELRC 1942 (KLR) (27 July 2023) (Ruling)
✦ The claimant failed to report to work after April 1, 2022 and did not file his appeal before April 29, 2022, thus not demonstrating deliberate disobedience of the court order.
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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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Naburi v County Assembly Service Board Busia County & another (Employment and Labour Relations Cause 94 of 2021) [2023] KEELRC 2057 (KLR) (27 July 2023) (Judgment)
✦ The court found that the termination of the Claimant’s employment was not fair and unlawful.
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Musyimi v Daystar University (Cause 231 of 2019) [2023] KEELRC 1898 (KLR) (27 July 2023) (Judgment)
✦ The Court found the termination lawful and fair, and denied the Claimant's remedies.
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Kamau v Del Monte Kenya Limited (Cause 1070 of 2018) [2023] KEELRC 1902 (KLR) (27 July 2023) (Ruling)
✦ The impugned audio recording is inadmissible as evidence.
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Nyali Academy Service Limited t/a The Mombasa Academy v Muli (Cause E082 of 2022) [2023] KEELRC 2041 (KLR) (27 July 2023) (Judgment)
✦ The respondent wrongfully terminated his employment contract and is ordered to pay notice pay at Ksh.125,000.