Kenyan case law
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Mumias Sugar Company Limited v Johnstone Matete [2019] KEELRC 2189 (KLR)
✦ The appeal is dismissed with costs to the respondent.
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Sammy Njoroge v Shiva Carriers Limited & another [2019] KEELRC 2183 (KLR)
✦ The claimant absconded work upon his release on bond and the allegation of unlawful and unfair dismissal has no factual basis.
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John Muriithi Muriu v China Railway Engineering Group Company [2019] KEELRC 1989 (KLR)
✦ The court finds the claimant's claims valid and orders the respondent to pay the following: a. Notice pay Ksh.18,000.00; b. Overtime pay ksh.55,932.00; c. Work during public holidays ksh.14,160.00; d. Gratuity/service pay Ksh.8,500.00; e. Annual leave ksh.11,900.00; f. Compensation ksh.90,000.00; g. Costs and interests.
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David Maina Gachanja v Esther Nyambura Gathogo & another [2019] KEELRC 2155 (KLR)
✦ Application dismissed, 2nd Respondent retained as part of the cause.
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Paul Mbithi Mwangangi v Sai Rock Hotel Limited & another [2019] KEELRC 2223 (KLR)
✦ The Claimant has failed to establish a case of unlawful termination and the claims for compensation and notice pay are dismissed.
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Kenya Union of Domestic, Hotels Educational Institutions, Hospitals and Allied Workers v Technical University of Kenya [2019] KEELRC 2193 (KLR)
✦ The dismissal of the Grievants was unfair and unlawful due to lack of representation during disciplinary hearings.
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Alexander Kasina Mukala v Kenya Power and Lighting Company [2019] KEELRC 2154 (KLR)
✦ The Court grants a stay of execution on condition that the decretal sum is deposited by the Respondent in Court within 30 days with effect from the date of this ruling.
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Kenya Union of Domestic, Hotels Educational Institutions, Hospitals & Allied Workers v Gathugu Secondary School [2019] KEELRC 2134 (KLR)
✦ The suit is devoid of any merit and is dismissed
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James Kipchirchir Sambu v Patriotic Guards Limited [2019] KEELRC 2145 (KLR)
✦ The court awards the Claimant Kshs. 963,098 less statutory deductions, costs, and interest.
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Peter Okello Okello v Chairman BOG St Luke’s Odiado Secondary School & another [2019] KEELRC 2225 (KLR)
✦ The court awards the claimant compensation and other terminal benefits
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Robert Nyagwansa Miruka v Presbyterian University of East Africa [2019] KEELRC 2160 (KLR)
✦ The Court allows the application and directs the Respondent/Applicant to file their response within 14 days, with the Claimant/Respondent given a chance to respond within 14 days upon service.
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Merry Mukiria v Methodist Church in Kenya Trustees Registered & Another [2019] KEELRC 2252 (KLR)
✦ Application is dismissed with costs to the Claimant and execution may proceed
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Nancy Waithera Njoroge v County Government of Murang’a & another [2019] KEELRC 2237 (KLR)
✦ The stoppage of Njoroge's salary was without authority and with no due process, violating Article 41, 47, 232, and 251 of the Constitution of Kenya.
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Jackline Mumbi Murathimi & others v Highlands Mineral Water Limited [2019] KEELRC 2235 (KLR)
✦ Claimants were not entitled to notice pay, leave dues, or service pay as they were not contract employees and their dismissal was lawful.
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Judy Wathata Kinyua v County Government of Kirinyaga & another [2019] KEELRC 2243 (KLR)
✦ The termination was not in accordance with the County Governments Act and the Petitioner is entitled to one month's salary in lieu of notice, 12 months' salary as compensation for the unlawful dismissal, and costs of the suit.
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Lorcan Byrne v Frontier Services Group East Africa Limited [2019] KEELRC 2157 (KLR)
✦ The application to strike out the claim is dismissed, and the parties are referred to arbitration.
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Council of Governors v Seth Panyako & 4 others; Ministry of Labour and Social Protection & 2 others (Interested Parties) [2019] KEELRC 2227 (KLR)
✦ The court ordered the 1st to 5th respondents to personally appear before the court on 26th February, 2019 to show cause why they should not be punished for contempt of court.
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Sammy Chege Ngari & 2 others v J. M. Muritu Construction [2019] KEELRC 2285 (KLR)
✦ The claimants' case is dismissed as they have not proved their case.
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Mildred Mudany v Jhpiego Corporation (Kenya) [2019] KEELRC 2264 (KLR)
✦ The Court denied the Claimant’s Application as the Claimant did not prove any exceptional circumstances to warrant interference by the court at this investigative stage of the disciplinary process.
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Mwenwa Sanare v Thames Electrical Limited [2019] KEELRC 2072 (KLR)
✦ The claimant deserted his job after being released from police custody, and is not entitled to compensatory damages.
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Agnes Ongadi v Kenya Electricity Transmission Company Limited [2019] KEELRC 2287 (KLR)
✦ The Court finds the summary dismissal was valid but not fair, and awards compensation equivalent to 7 months gross salary.
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Mercy Waiyego Mwangi v James Mwangi Kinuthia t/a Joyland [2019] KEELRC 2257 (KLR)
✦ Termination of employment was unfair and the Claimant is awarded compensation and salary in lieu of notice.
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Nancy Muthoga v Chandarana Supermarkets [2019] KEELRC 2280 (KLR)
✦ The Claimant’s evidence regarding her illness and absence from work is not admissible due to the lack of authenticity of the text messages.
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Martin Wanjala Wasike v Amicabre Travel Services Ltd [2019] KEELRC 2298 (KLR)
✦ The Court finds and holds that though the summary dismissal of the Claimant from employment was for valid and fair reasons, the Claimant is entitled to and is awarded July 2014 salary Kshs 16,930/-
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Samson Muriu Njau v Blue Hut Hotel Limited [2019] KEELRC 2301 (KLR)
✦ The Court finds that the Claimant's employment was unfairly terminated and awards him 1 month pay in lieu of notice and 5 months compensation.