Kenyan case law
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William Nyangaya Mabera v Khetia Drapers Limited [2015] KEELRC 89 (KLR)
✦ The motion to stay proceedings pending arbitration is granted, with the parties submitting the dispute to the County Labour Officer for arbitration.
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Gami Quaries (Ltd) v Anthony Ngaita Kavoi [2015] KEELRC 798 (KLR)
✦ The court finds on a balance of probability that Dw2 was Senior to the Respondent and he was the Deputy or Personal Assistant to the Dw1 in terms of giving instructions to the other workers whenever Dw1 was away. The Respondent was within the scope of his employment as a general worker, when he climbed the roof of the Wood workshop to do repairs as instructed by Dw2.
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Francis Okaridi Ojuma v Patriotic Guards Limited [2015] KEELRC 668 (KLR)
✦ The claim for compensation for wrongful dismissal is dismissed with costs. The Claimant is awarded arrears salary, unpaid salary, balance of salary, service gratuity, and refund of unremitted NSSF deductions.
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Union of National Reasearch and Allied Institutes (UNIRISK) v Kenya Medical Research Institute (KEMRI) [2015] KEELRC 301 (KLR)
✦ The Court dismisses the claim and finds no merit, proceeding to dismiss the claim with costs.
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Frank Neto Wanyama v National Police Service Commission [2015] KEELRC 347 (KLR)
✦ The claim is dismissed as it was filed out of time without leave, and the court has no jurisdiction to hear and determine the same.
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Stephen Masika & 3 others v Titus W. Khaemba [2015] KEELRC 1544 (KLR)
✦ The court prohibits the Respondent from calling any NEC meeting without concurrence of the NEC officials including the National General Secretary, Chairman, and Treasurer pending the hearing and determination of the main suit.
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Fidelius K Michira v Kenya Wildlife Services [2015] KEELRC 573 (KLR)
✦ The Court held that the Claimant's removal was not justifiable and lawful due to the absence of a proper disciplinary process.
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Union of Kenya Civil Servants v Cabinet Secretary Ministry of Health & 3 others [2015] KEELRC 423 (KLR)
✦ The court found that the 1st, 2nd, and 3rd Respondents had intentionally disobeyed the court orders and cited them for contempt.
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Union of National Research and Allied Institutes Staff of Kenya (Unrisk) v Kenya Industrial Research and Development Institute (Kirdi) & another [2015] KEELRC 641 (KLR)
✦ The 1st Respondent is convicted for contempt of court and ordered to be held responsible for the violation of the court order.
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Van Den Berg (K) Limited v Charles Osewe Osodo [2015] KEELRC 921 (KLR)
✦ The motion for stay of execution is granted in terms similar to that granted by the lower court.
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Union of National Research Institutes Staff of Kenya (UNRISK) v Kenya Sugar Research Foundation (KESREF) & another [2015] KEELRC 958 (KLR)
✦ The application is granted, the claimant's claim against the 1st respondent is struck out, and the case is consolidated with Nairobi Industrial Court Cause No. 1272 of 2014.
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Stephen Henry Urinda v Kenya Ports Authority [2015] KEELRC 1337 (KLR)
✦ The Court orders an award entered in terms of the Consent filed by the Parties on 3rd March 2015.
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Fadhil Juma Kisua & another v Kenya Ports Authority [2015] KEELRC 184 (KLR)
✦ The claimants' notice of motion for reinstatement and eviction injunction are dismissed.
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Esther Wangari Waithaka v County Government of Nyandarua [2015] KEELRC 772 (KLR)
✦ The court ordered the County Government of Nyandarua to pay the claimant the sum of Kshs. 429,037.05 in unpaid monthly salaries and allowances from September 1997 to November 2006.
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Vincent Muema Mutuku v Rift Valley Railways (Kenya) Limited [2015] KEELRC 337 (KLR)
✦ Order for the Labour Commissioner or an officer to visit the Respondent's premises and examine employment records for the period under review.
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Simon G. Muriuki v Barclays Bank Of Kenya Limited [2015] KEELRC 180 (KLR)
✦ The Court finds the claim unmerited and dismisses the same with costs.
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Trailink Group Limited v Kenya Long Distance Truck Drivers and Allied Workers Union [2015] KEELRC 1563 (KLR)
✦ The court directed the union not to embark on the intended strike action and the employer not to lock out any of its employees from its premises.
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Veronica Katuku & another v East African Growers Ltd [2015] KEELRC 1531 (KLR)
✦ The court found the termination of employment to be unlawful and unfair, and ordered the respondent to pay the claimants their due terminal benefits and compensatory damages.
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European Committee for Agriculture Training Rural Development (C.E.F.A) Kenya v Moses Muriuki Matiri [2015] KEELRC 1087 (KLR)
✦ The court finds the suit was not time barred and was founded in tort. The awards for general damages and loss of earning capacity were just.
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Eunice Wanjiru Waithaka v Thomson Falls Lodge [2015] KEELRC 731 (KLR)
✦ The Claimant’s employment lapsed by expiry of time and she is not entitled to pay in lieu of notice or compensation. She is also not entitled to maternity leave pay, travelling allowance and gratuity/severance pay. She is entitled to underpayments, house allowance and is awarded Kshs 67,656/-
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UBA Kenya Bank Limited v Sylvia Mututi Magotsi [2015] KEELRC 289 (KLR)
✦ The court denies the application, finding no arguable case and that the relief sought is unconstitutional.
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Rizwana Mohamed Salim v Coolxtreme Limited [2015] KEELRC 1649 (KLR)
✦ Claimant is entitled to terminal benefits including notification, termination notice, severance pay, annual leave, and pay for January 2014. No exemplary or punitive damages are awarded.
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W W W v Telkom Kenya Limited [2015] KEELRC 200 (KLR)
✦ The court finds that the dismissal of the claimant was wrongful and reduces it to a retirement on medical grounds. The respondent is directed to pay retirement dues and one month salary in lieu of notice.
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Wondernuts [K] Limited v Mapenzi Kambi Mwakalama [2015] KEELRC 21 (KLR)
✦ The Appeal is dismissed with costs to the Respondent.
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Susan Mumbua & 6 others v Navitas Limited & 2 others [2015] KEELRC 608 (KLR)
✦ The application for stay of proceedings pending appeal is dismissed.