Kenyan case law
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Kenya County Government Workers Union v Nairobi Water & Sewerage Co. Ltd; National Union of Water & Sewerare Employee (Interested Party) (Cause E747 of 2021) [2022] KEELRC 1122 (KLR) (27 June 2022) (Ruling)
✦ The Court dismisses the suit and orders the dismissal of the Interested Party's claim for joinder. The KCGWU has no business representing the members of NWSL.
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Muthui & 9 others v Speaker, Nyandarua County Assembly & 2 others (Petition 28 of 2021) [2022] KEELRC 1785 (KLR) (27 June 2022) (Judgment)
✦ The Court found that the County Assembly Service Board was properly constituted and that the Petitioners were dismissed for valid reasons and due process was followed.
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Maina v Directline Assurance (Cause 649 of 2016) [2022] KEELRC 1399 (KLR) (27 June 2022) (Judgment)
✦ The court finds that the claimant's employment was terminated by the respondent on October 21, 2014, and not by his resignation.
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Kisala v Securex Agencies (K) Limited (Cause 1174 of 2017) [2022] KEELRC 1447 (KLR) (27 June 2022) (Judgment)
✦ The court finds the claimant constructively dismissed and orders the respondent to pay the claimant kshs 152,484/- for unpaid salary, kshs 76,242/- for compensation, and kshs 25,414/- for notice pay.
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Kudheiha Workers Union v Board of Management Mwariki Secondary School (Cause 22 of 2021) [2022] KEELRC 1786 (KLR) (27 June 2022) (Judgment)
✦ The court finds the claimant has not recruited a simple majority of the respondent's unionisable employees and dismisses the claim.
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Gacheru v Kenyatta University (Cause 971 of 2016) [2022] KEELRC 1449 (KLR) (27 June 2022) (Judgment)
✦ The court finds in favor of the claimant, ordering one month's salary in lieu of notice, unpaid salary for 11 days worked in August 2015, payment in lieu of untaken/unpaid leave for the year 2015, and compensation for wrongful, unlawful and unfair dismissal.
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Otenga & 24 others v Freewind Holding Limited t/a Creekside Hotel (Cause 66 of 2018) [2022] KEELRC 1746 (KLR) (24 June 2022) (Judgment)
✦ The Court finds that the termination was a transfer of enterprise or business, not redundancy, and orders the respondent to provide itemised pay statements and transitional payments.
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Ziro v Doshi & Company (Hardware) Limited & another (Cause 418 of 2016) [2022] KEELRC 1742 (KLR) (24 June 2022) (Judgment)
✦ The court finds the claimant was a casual labourer whose last day at work was June 2, 2014, and he was not a welder. The claims and prayers will collapse.
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Werunga v Foremost Limited (Cause 52 of 2020) [2022] KEELRC 1142 (KLR) (24 June 2022) (Judgment)
✦ The court found that the termination was not unfair and dismissed the claim.
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Mokaya v Chandaria Food Plus Supermarket Ltd & another (Cause 1858 of 2017) [2022] KEELRC 1261 (KLR) (24 June 2022) (Judgment)
✦ The termination is not a subject of a suit for unfair and/or wrongful termination as it was set aside by the employer.
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Mega Garmets Industries (K) Ltd v Orori (Appeal 18 of 2022) [2022] KEELRC 1732 (KLR) (24 June 2022) (Judgment)
✦ The appeal is allowed, the judgment of the trial court is set aside, and the appellant is awarded costs of the appeal.
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Federation of Kenya Employers v National Health Insurnace Fund Management Board & 4 others; Association of Kenya Insurers & another (Interested Parties) (Petition E066 of 2022) [2022] KEELRC 4068 (KLR) (24 June 2022) (Ruling)
✦ The court dismissed the petition as the petitioner lacked locus standi and the court did not have jurisdiction to hear the petition.
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Ekesa & 3 others v Senaca East Africa Limited (Cause 605, 607, 611 & 612 of 2017 (Consolidated)) [2022] KEELRC 1747 (KLR) (24 June 2022) (Judgment)
✦ The court finds in favor of the claimants for service pay and costs, dismissing the preliminary objection.
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Runka Services Co-operative Sacco Ltd v Mbaya (Cause E163 of 2022) [2022] KEELRC 1384 (KLR) (23 June 2022) (Ruling)
✦ The application is dismissed with costs to the Respondent as the Claimant has not met the threshold for grant of the relief sought.
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Cheruiyot v Board of Trustees, Commodities Fund. & 2 others; Ndungu (Interested Party) (Employment and Labour Relations Claim E050 of 2022) [2022] KEELRC 1425 (KLR) (23 June 2022) (Ruling)
✦ The court finds that the application is merited and grants conservatory orders to prevent the respondents from receiving and considering applications for the position of Managing Trustee of the Commodities Fund.
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Sirako v Board of Directors Nairobi City Water and Sewerage Company & another; County Government of Nairobi & 3 others (Interested Parties) (Petition E163 of 2021) [2022] KEELRC 1497 (KLR) (23 June 2022) (Judgment)
✦ The Petition is dismissed with no remedies awarded
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Obura v Reliance Protection Services Limited (Cause 1440 of 2016) [2022] KEELRC 3832 (KLR) (23 June 2022) (Ruling)
✦ Application dismissed with costs
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Odhiambo v Pharma Specialities Limited (Cause 343 of 2018) [2022] KEELRC 1341 (KLR) (23 June 2022) (Judgment)
✦ Court finds the cause of action arose in Mombasa and is properly before the court. Claimant's employment was verbally terminated on April 21, 2018, and the purported summary dismissal letter on June 26, 2018, is invalid.
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Odek v Co-operative Bank Limited (K) (Cause E015 of 2020) [2022] KEELRC 1430 (KLR) (23 June 2022) (Judgment)
✦ The termination was found to be unfair.
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Otieno v South Nyanza Sugar Company Limited (Cause 58 of 2021) [2022] KEELRC 1109 (KLR) (23 June 2022) (Judgment)
✦ The Claimant was summarily dismissed from the service of the Respondent on account of absence from duty.
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Republic v County Government of Kilifi (Miscellaneous Cause E001 of 2021) [2022] KEELRC 14672 (KLR) (23 June 2022) (Ruling)
✦ The court holds that the preliminary objection raised by the Respondent is unmerited, and the application for leave to apply for orders of mandamus, prohibition, and certiorari is allowed.
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Mutabari v Vipingo Ridge Limited (Cause E018 of 2021) [2022] KEELRC 1338 (KLR) (23 June 2022) (Ruling)
✦ The court granted the Respondent's application for further time to file documents and serve witness statements, and gave directions accordingly.
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Makokha v Vel Constructions Co. Ltd (Cause 1739 of 2017) [2022] KEELRC 1498 (KLR) (23 June 2022) (Judgment)
✦ The employment relationship between the parties has not been established, and the claimant has failed to prove the existence of an employment relationship on a balance of probabilities.
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Too v Lavington Security Limited (Cause 995 of 2017) [2022] KEELRC 1743 (KLR) (23 June 2022) (Judgment)
✦ The Court finds that the claimant was wrongfully summarily dismissed and is entitled to compensation.
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Ekesa v Sas Security Services Limited (Cause 593 of 2016) [2022] KEELRC 1339 (KLR) (23 June 2022) (Judgment)
✦ Judgment in favor of the Claimant for nine months' salary, four months' underpayment, one month's salary in lieu of notice, and uniform allowance.