Kenyan case law
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Pamba v Kenya Hospital Association for and on behalf of the Nairobi Hospital & another (Cause E614 of 2020) [2022] KEELRC 3874 (KLR) (20 June 2022) (Ruling)
✦ The 2nd respondent is an employer under the Employment Act, 2007 and cannot be removed from the proceedings.
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Daniel Philip Wambua & 4 others v Modern Coast Express Limited (Cause 377 of 2018) [2022] KEELRC 3857 (KLR) (20 June 2022) (Ruling)
✦ The motion is dismissed with costs to the Respondent
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Mwanga v Metal Cans And Closures (K) Limited (Cause 2278 of 2016) [2022] KEELRC 1108 (KLR) (20 June 2022) (Judgment)
✦ The Court finds the Claimant was unfairly dismissed and orders compensation of one month's salary in lieu of notice, two months' compensation, costs, interest, and a certificate of service.
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Kazungu v Navistat Telematics Ltd (Cause E067 of 2021) [2022] KEELRC 1648 (KLR) (20 June 2022) (Ruling)
✦ The Court will mention the suit for pre-trial directions on June 20, 2022.
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Kirigo v World Vision International (Cause 1449 of 2016) [2022] KEELRC 1118 (KLR) (20 June 2022) (Judgment)
✦ The Court held that the redundancy was not fair and lawful, and thus the termination was unjustified.
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Mung'au v Brinks Security Limited (Cause 567 of 2016) [2022] KEELRC 1455 (KLR) (20 June 2022) (Judgment)
✦ Claimant is awarded one month's salary in lieu of notice, 15 days' pay, and 2 months' compensation.
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Timsales Limited v Otieno (Appeal 110 of 2021) [2022] KEELRC 1114 (KLR) (20 June 2022) (Ruling)
✦ The application for stay of execution pending appeal is dismissed, and the decree of the learned trial magistrate may be executed.
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Jeff Oluoch Ngeta v Spire Bank Limited (Cause 1997 of 2017) [2022] KEELRC 3858 (KLR) (20 June 2022) (Ruling)
✦ The motion by the claimant to dismiss and reinstate the suit is dismissed with costs to the respondent.
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Kichoi v Teita Estate Limited (Cause 490 of 2017) [2022] KEELRC 101 (KLR) (17 June 2022) (Judgment)
✦ The Court finds the termination unfair and unjust, and awards the claimant Kshs.227,700 in compensation for the unfair termination.
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Nyang’au v G4S Security (K) Limited (Cause 776 of 2015) [2022] KEELRC 1519 (KLR) (17 June 2022) (Judgment)
✦ The dismissal was fair and the claimant is not entitled to compensation for unfair termination or other remedies.
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Ogutu v G4s Security Services Kenya Limited (Cause 1895 of 2016) [2022] KEELRC 1468 (KLR) (17 June 2022) (Judgment)
✦ The termination of the Claimant's employment was not valid as the evidence did not prove gross misconduct.
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Republic v Samson Mwathethe, Chief Defence Forces, Department of Defence & another; Kazungu (Exparte) (Judicial Review Application 21 of 2020) [2022] KEELRC 1462 (KLR) (17 June 2022) (Ruling)
✦ The court finds the applicant did not abuse the process and dismisses the application for review.
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Dzila v Kwale County Assembly Service Board & 6 others (Cause 21 of 2020) [2022] KEELRC 1401 (KLR) (17 June 2022) (Ruling)
✦ The preliminary objection is partially successful, and the application for an injunction is overruled due to the doctrine of res judicata and the ruling by the Court of Appeal.
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Kazungu v Kenya Marine and Fisheries Research Institute (Cause 55 of 2020) [2022] KEELRC 1522 (KLR) (17 June 2022) (Judgment)
✦ The court granted the claimant's motion for prohibition and declared that the respondent's actions violated the claimant's constitutional rights and fundamental freedoms. The court ordered the respondent to pay the claimant's arrears of salary and other allowances, and to continue paying his CEO remuneration.
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Idow v Sifa Investments Limited (Cause 366 of 2018) [2022] KEELRC 104 (KLR) (17 June 2022) (Judgment)
✦ Termination was unfair and unlawful; claimant awarded one month's notice pay, severance pay, and pro-rated annual leave.
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Ngondi v Factory Guards (MBA) Limited (Cause 86 of 2015) [2022] KEELRC 1521 (KLR) (17 June 2022) (Judgment)
✦ The Court finds the initial summary dismissal was not unfair due to the undisputed facts of the arrest and charge. The Employment Act, 2007 was not applicable to the case as it had not commenced at the time of dismissal.
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Wachenje v Standard Chartered Bank Kenya Limited (Cause 664 of 2020) [2022] KEELRC 1520 (KLR) (17 June 2022) (Judgment)
✦ The Court finds the termination unfair and unprocedural, and orders the respondent to pay the claimant a sum of Kshs.1, 000, 000.00 (less PAYE) by August 1, 2022, failing interest to be payable thereon from the date of this judgment till full payment.
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Ntaragwi v Egerton University (Cause 65 of 2017) [2022] KEELRC 1514 (KLR) (16 June 2022) (Ruling)
✦ The court allowed the Claimant's application for reinstatement and fixed the matter for priority hearing.
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Royal Group Industries (K) Ltd v Ombui (Employment and Labour Relations Appeal 2 of 2020) [2022] KEELRC 1512 (KLR) (16 June 2022) (Ruling)
✦ Both appeals were filed out of time and are null and void.
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Gitonga v Spire Bank Limited (Cause E651 of 2021) [2022] KEELRC 1602 (KLR) (16 June 2022) (Ruling)
✦ The Court disallows the Claimant's application and strikes out the Respondent's response.
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Nzomo v Kenya Airport Parking Services Ltd & another (Cause E257 of 2021) [2022] KEELRC 1601 (KLR) (16 June 2022) (Ruling)
✦ Application dismissed with costs
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Mkongo v Jitegemee Co-operative Savings and Credit Society Limited Alias Jitegemee Sacco Society Limited Cs -1834 (sued through his represenatives on its behalf being The Chairman, Abdalla Nguyu, The Vice Chairman, Matano Rashid, The Secretary, Dola Mbale, Treasurer Athuman Athuman) (Cause 573 [B] of 2017) [2022] KEELRC 1567 (KLR) (16 June 2022) (Ruling)
✦ The dismissal order dated November 2, 2021, is set aside. The claimant shall pay the adjournment costs and court adjournment fees ordered on 15/1/2020. The claimant shall prosecute the suit within six months from the date of this Ruling, otherwise the suit shall stand dismissed with costs.
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Kenya Engineering Workers Union v Rafiki Engineering Ltd (Cause E010 of 2020) [2022] KEELRC 1509 (KLR) (16 June 2022) (Judgment)
✦ The court declared the respondent's refusal to execute the negotiated CBA as unfair, unlawful, in bad faith, and in contravention of fair labor practices. The parties are ordered to sign and execute the CBA within 30 days of the judgment.
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Odongo v National Police Service Commission & another (Cause E6491 of 2020) [2022] KEELRC 1090 (KLR) (16 June 2022) (Judgment)
✦ The Court orders the Claimant Patrick Odongo to be paid Kshs 217,409/- unpaid gratuity and half the costs of the suit.
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Mombasa Apparel [EPZ] Ltd v Gundu (Appeal E010 of 2022) [2022] KEELRC 1126 (KLR) (16 June 2022) (Judgment)
✦ The termination of the Respondent's employment was unfair, and the appeal is dismissed with costs to the Respondent.