Kenyan case law
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Boniface Muhatia v Uba Kenya Bank Limited [2021] KEELRC 2096 (KLR)
✦ The dismissal was found to be unlawful and the Respondent is liable for it.
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Andrew Oginga v Thomas And Piron Grands Lacs Ltd [2021] KEELRC 2087 (KLR)
✦ The Court finds that the Claimant was on a term contract and not a casual employment basis. The Respondent unfairly terminated the Claimant’s employment. The Claimant is awarded compensation and salary in lieu of notice.
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Elly Barasa Ochieng v Gallant Security Services Limited [2021] KEELRC 2064 (KLR)
✦ The motion to lift the corporate veil is granted, and the directors are held personally liable for the judgment debt and the costs of the application.
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Amos Otieno Onjala v Opportunity Kenya Limited [2021] KEELRC 2080 (KLR)
✦ The Court finds the dismissal unfair and orders compensation, wages, and pro-rata leave.
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Molly Ayiemba v SNV/Netherlands Development Organization [2021] KEELRC 2092 (KLR)
✦ The application is dismissed with no order as to costs.
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Kenya National Union of Nurses v Bungoma County Public Service Board [2021] KEELRC 2102 (KLR)
✦ The Court dismisses the motion with no order on costs.
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Kenya Concrete, Structual, Ceramics, Tiles Woddplys and Interior Design Workers Union v Comply Industries Limited; Kenya Building Construction Timber & Furniture Employees Union (Interested Party) [2021] KEELRC 2086 (KLR)
✦ The Court grants prayer 5 of the application and makes the following Orders: (a) Status quo at the work place be maintained on matters raised in this suit pending the hearing and determination of the suit. (b) Parties to conclude filing of pleadings and obtain a mention date for pre-trial proceedings. (c) Costs in the cause.
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Amalgamated Union of Kenya Metal Workers v Mashariki Motors Limited & 2 others [2021] KEELRC 1462 (KLR)
✦ The court finds the termination of employment by the 1st respondent to be unfair and orders the payment of redundancy benefits as per the tabulation by the respondents.
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Malachi Odongo v Pamoja Trust [2021] KEELRC 2111 (KLR)
✦ The court dismissed the application, finding that the Claimant did not diligently prosecute the matter and that the delay was unexplained.
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Ndiege v Judicial Service Commission (Cause 793 of 2019) [2021] KEELRC 1454 (KLR) (23 February 2021) (Ruling)
✦ The court dismissed the claim as time barred and found that the claimant's rights to sue had lapsed.
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Elizabth Ayoti Simiyu v Cbre Excellerate Cres (Pty) Limited [2021] KEELRC 2107 (KLR)
✦ The Preliminary Objection is upheld and the Court makes the following Order: The respondent/Applicant CBRE EXCELLERATE CRES (PTY) LIMITED is struck off the suit with costs.
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Douglas Shikoli Nasiali v Citam Schools Woodley [2021] KEELRC 2129 (KLR)
✦ The appeal is incompetent and is struck out.
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Kenya Glass Workers Union v Kenya Engineering Workers Union & another [2021] KEELRC 2053 (KLR)
✦ The court dismissed the claimant's application and ordered a stay of deduction and remittance of union dues from the purportedly recruited members of the 1st Respondent.
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P. J Dave Flowers Limited v Linet Namunda Soita [2021] KEELRC 2098 (KLR)
✦ The court granted the application for stay of execution and enlargement of time for appeal.
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Rashid Ali Masinde v Hakika Tarsporters Services Ltd [2021] KEELRC 2114 (KLR)
✦ The Claim is improperly before the Court and is hereby struck out.
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Proscovia Vitsengwa v Chairperson, Kenya Railway Corporation Board & 4 others; Attorney General (Interested Party) [2021] KEELRC 2083 (KLR)
✦ The Court dismisses the Respondents' motion to dismiss the petition and directs the parties to fix the main petition for hearing.
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Kenya Aviation Workers Union v AGS Worldwide Movers Limited [2021] KEELRC 2100 (KLR)
✦ Allowing the application, the court issues orders restraining Respondents from commencing and continuing the redundancy process without compliance with Section 40 of the Employment Act, and from terminating the employment of unionizable employees without compliance with the law.
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David Mwangala v Dodhia Packaging Limited [2021] KEELRC 2059 (KLR)
✦ The claim is not statute barred, but the claimant's termination was unfair due to lack of procedure. The claimant is awarded 6 months' gross salary as compensation for wrongful dismissal.
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AKO v Abson Motors Limited [2021] KEELRC 2118 (KLR)
✦ Termination of the Claimant's contract violated her right not to be discriminated against on account of her pregnancy, under the Constitution and the Employment Act 2007, and was unfair.
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Aming’a, Opiyo, Masese and Company Advocates v Balton CP Limited [2021] KEELRC 2091 (KLR)
✦ The court declined to stay legal proceedings.
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Kenya Union of Commercial, Food and Allied Workers v Shoprite Checkers Kenya Limited [2021] KEELRC 2089 (KLR)
✦ The court ordered the Respondent to redeploy employees at the remaining branches and to observe the LIFO principle in the selection of employees to be affected.
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Navin Chander Raina v Social Services League, Mp Shah Hospital [2021] KEELRC 2088 (KLR)
✦ The court denies the application for an interim injunction and declares that the refusal to extend the claimant's employment was lawful.
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Michael Ndungu Mutua Muna v Kenya National Union of Teachers [2021] KEELRC 2079 (KLR)
✦ The court finds that the respondent (KNUT) has grounds to suspend the applicant, and the application for interim injunctions is dismissed.
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Martin Wamae Wangu & 294 others v Bidco Africa Limited [2021] KEELRC 2073 (KLR)
✦ The court finds that the applicant does not meet the threshold for grant of the orders sought in the application.
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Kenya Union of Sugar Plantation and Allied Workers v Kibos Sugar & Allied Industries Limited [2021] KEELRC 2151 (KLR)
✦ The application is dismissed with costs, as it lacks relevant prayers to be considered for grant upon hearing the Application interpartes.