Kenyan case law
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Wahome v Judicial Service Commission (JSC) (Employment and Labour Relations Cause E094 of 2023) [2024] KEELRC 1733 (KLR) (5 July 2024) (Award)
✦ The court is satisfied that the petitioner was paid his dues during the period of suspension and there are no further dues to the petitioner.
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Okumu v Gyto Success Company Limited (Cause 507 of 2018) [2024] KEELRC 1789 (KLR) (5 July 2024) (Ruling)
✦ The Court allowed the application on terms that the suit be set down for hearing within 30 days of this ruling. In default, the suit shall stand dismissed for want of prosecution. The claimant shall pay the respondent thrown away costs of Kshs. 5,000/- before the hearing of the suit on a date to be scheduled before the Deputy Registrar.
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Teachers Service Commission v Macharia (Miscellaneous Application E190 of 2023) [2024] KEELRC 1739 (KLR) (5 July 2024) (Ruling)
✦ The court allows the application to file the appeal out of time and grants a stay of proceedings.
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Mainga v Steel Structures Limited (Miscellaneous Cause E139 of 2023) [2024] KEELRC 1803 (KLR) (5 July 2024) (Ruling)
✦ Leave is granted to the applicant to file appeal out of time
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Mwanga v nti Counterfeit Authority & 3 others (Employment and Labour Relations Petition E037 of 2024) [2024] KEELRC 1735 (KLR) (5 July 2024) (Ruling)
✦ The preliminary objection is dismissed as it does not rise to a pure point of law and requires evidence.
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Miruka v Nyagara & 4 others; Ethics & Anticorruption Commission & another (Interested Parties) (Petition E206 of 2021) [2024] KEELRC 1749 (KLR) (5 July 2024) (Judgment)
✦ The appointment of the 1st Respondent as the acting CEO/Secretary was not irregular or unlawful as the Petitioner's petition was overtaken by events at the time it was filed.
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Kariuki & another v Multi Packaging Ltd t/a Print Pak (Employment and Labour Relations Cause 1030 of 2018) [2024] KEELRC 1740 (KLR) (5 July 2024) (Ruling)
✦ The court allows the application for review and alters the judgment to reflect the correct amounts for underpayments, service pay, and compensation.
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Mutua v China National Aero Technology International Engineering Ltd (Cause 705 of 2015) [2024] KEELRC 1728 (KLR) (5 July 2024) (Judgment)
✦ The Court found that Mutua was an employee of the Respondent and that the termination of his employment was unfair.
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Pousand v Brandley Ltd & 5 others (Employment and Labour Relations Cause 2465 of 2017) [2024] KEELRC 1745 (KLR) (5 July 2024) (Ruling)
✦ The application is dismissed without merit and the ruling is upheld
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Kamau & 35 others v Sala Terrena Creative Construction Ltd (Appeal E010 of 2022) [2024] KEELRC 1776 (KLR) (4 July 2024) (Judgment)
✦ The trial court’s judgment and orders are set aside, and the case is sent back to the Chief Magistrate's Court for fresh trial by a different magistrate.
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Kariuki v Widrups Groups Limited & another (Cause E710 of 2023) [2024] KEELRC 1832 (KLR) (4 July 2024) (Judgment)
✦ Claimant was found to be an indentured learner and not an employee, thus termination was procedurally fair.
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Chelagat v Kabarak University (Cause 28 of 2020) [2024] KEELRC 2178 (KLR) (4 July 2024) (Ruling)
✦ The application is dismissed with costs to the claimant.
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Mwanthi v Guvumba (Appeal E056 of 2023) [2024] KEELRC 1725 (KLR) (4 July 2024) (Judgment)
✦ The Appellant was not shown to have been an employee of the Respondent, and the Respondent's suit is dismissed.
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Epco Builders Limited v Basho (Miscellaneous Application E007 of 2024) [2024] KEELRC 1784 (KLR) (4 July 2024) (Ruling)
✦ The application is granted, and the suit is transferred to the Chief Magistrate's Court at Nairobi.
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Statsala & another v Kevin & 2 others (Petition 9 of 2023) [2024] KEELRC 1707 (KLR) (4 July 2024) (Ruling)
✦ The court granted the application for stay of execution pending appeal.
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Chepkwony v Protective Custody Limited (Appeal E020 of 2023) [2024] KEELRC 2174 (KLR) (4 July 2024) (Judgment)
✦ The court sets aside the lower court's order striking out the suit for purported want of jurisdiction and reinstates the suit for hearing on merits.
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Mombasa & 2 others v Nyanumba (Appeal E013, E023, E022, E024, E028, E027, E026 & E025 of 2024 (Consolidated)) [2024] KEELRC 2084 (KLR) (4 July 2024) (Judgment)
✦ The appeal is with merit and is allowed. The judgment of the lower court is set aside save for the orders in the cross-appeal. The cross-appeal is partially successful, and the respondents are awarded gratuity pay. Only the cross-appellants are awarded costs.
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Diani Reef Beach Resort & Spa v Mutinda (Appeal E024 of 2023) [2024] KEELRC 1951 (KLR) (4 July 2024) (Judgment)
✦ The appeal is allowed, the judgment in Mombasa CMELRC No.45 of 2020 is set aside, and costs awarded to the appellant.
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Corrugated Sheets Limited v Oganyo (Appeal E036 of 2023) [2024] KEELRC 1775 (KLR) (4 July 2024) (Judgment)
✦ The Court finds and holds that the termination was wrongful, unlawful, abrupt and in total contravention of the relevant labour laws. The Court awards compensation for unfair termination of employment, unpaid leave, and unpaid house allowance.
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Onyancha & another (Suing on behalf of the proposed Kenya Medical Doctors' Union) v Registrar of Trade Union (ROTU) & 2 others (Petition E017 of 2023) [2024] KEELRC 1734 (KLR) (4 July 2024) (Judgment)
✦ The court finds that the petitioners have the locus to file the petition and that the court can compel the Registrar of Trade Union to consider the application and respond to the petitioners.
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Transport Workers Union v Classic Pelican Sacco (Employment and Labour Relations Cause 1265 of 2016) [2024] KEELRC 1712 (KLR) (4 July 2024) (Ruling)
✦ The application is dismissed with costs
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Gachukia v Kenya Institute of Supplies Management (Employment and Labour Relations Petition E133 of 2023) [2024] KEELRC 1772 (KLR) (4 July 2024) (Judgment)
✦ The court dismissed the preliminary objection and held that the disciplinary process was not visited by inordinate delay.
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H Young & Co (EA) Limited v Nthiwa (Miscellaneous Appeal E099/E057 of 2024) [2024] KEELRC 2094 (KLR) (4 July 2024) (Ruling)
✦ The applicant is granted leave to appeal out of time and the stay of execution is granted.
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Ogola v Eveready Security Guards Co. Ltd (Employment and Labour Relations Cause 789 of 2015) [2024] KEELRC 1711 (KLR) (4 July 2024) (Judgment)
✦ The employment was terminated for poor work performance at the age of 62 years, and the claimant is entitled to compensation in the sum of Kshs. 43,800/= with interest and costs.
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Manyonge Wanyama & Associates v County Government of Kisii (Miscellaneous Cause E049 of 2022) [2024] KEELRC 1774 (KLR) (4 July 2024) (Ruling)
✦ The application is granted, and the award by the Taxing Officer will be reassessed.