Kenyan case law
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Bernard Maina Kiama & 42 others v Rift Valley Railways (Kenya) Limited [2019] KEELRC 2242 (KLR)
✦ The court dismissed the suit as the High Court had no jurisdiction to entertain the labour matter under the repealed Trade Disputes Act.
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Jimnah Muchiri v Agricultural Society of Kenya [2019] KEELRC 2201 (KLR)
✦ The court finds that the issues raised are of fact and cannot be resolved through a preliminary objection, and directs the main claim to proceed.
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Kenya Union of Commercial Food & Allied Workers (KUCFAW) v Homage Service Stores Limited [2019] KEELRC 2288 (KLR)
✦ The court dismisses the suit and finds that the Claimant has failed to prove the underpayment of wages and distortion of leave days. The court also finds that the dispute has morphed into a claim for terminal benefits.
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Ahmed Mohammed Dagane v County Service Board Garissa County [2019] KEELRC 2224 (KLR)
✦ The application for stay is granted on condition that the respondent deposits the decretal sum in an interest-earning account within 30 days, and costs are awarded to the claimant.
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Alexander Maina Macharia v Peter Wanjau Maina t/a Ripple Cafe [2019] KEELRC 2374 (KLR)
✦ Dismissal was unlawful
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Donna M A Abong’o v Kenya Post Office Savings Bank [2019] KEELRC 2239 (KLR)
✦ Dismissal was unlawful and the Claimant is entitled to compensation
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Robert Nyabuto Obwocha v Ronald Kiprotich Tonui & another [2019] KEELRC 2184 (KLR)
✦ The application is dismissed as there are pending cases with contrary orders.
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Lawrence Mwaura Njoroge v National Police Service Commission [2019] KEELRC 2564 (KLR)
✦ Decision to declare Petitioner unfit to serve in the police service is null and void
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Azim Jusab Sumar v Auto Express Limited [2019] KEELRC 2308 (KLR)
✦ The court finds the salary deductions unlawful and dismisses the claim for severance pay.
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Kenya Chemical Workers Union v Unilever Kenya Limited [2019] KEELRC 2214 (KLR)
✦ Application dismissed, main claim proceeded with
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Matho Kaingu Kalama v Beaumont Resort Limited [2019] eL;R [2019] KEELRC 2307 (KLR)
✦ The Claimant is entitled to compensation for unlawful termination and six months' salary in compensation.
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Republic v Egerton University Council; Ex- parte Applicant Rose Mwonya [2019] KEELRC 1993 (KLR)
✦ The objections are found without merit and the application is dismissed.
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James Mwamure Changawa v Board of Management [2019] KEELRC 2310 (KLR)
✦ The termination was procedurally and substantively unfair, and the Claimant is entitled to compensation.
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Deborah Makena Mugambi v B.O.M Mutaranga Primary School [2019] KEELRC 2320 (KLR)
✦ Dismissal was valid as Claimant failed to meet ECD teacher entry requirements. Claimant's suit is dismissed without costs.
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Banking Insurance Finance Union (K) v Co-operative Bank of Kenya Ltd [2019] KEELRC 2350 (KLR)
✦ The dismissal was fair and lawful, and the grievant is not entitled to reinstatement or other reliefs.
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Kenya Building, Construction Timber and Furniture Industries Employees’ Union v Roads and Civil Engineering Contractors Association (RACECA) [2019] KEELRC 2357 (KLR)
✦ The application is not merited and should be dismissed with costs.
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Didymus Kinyamasyo Muli v Bhachu Industries Limited [2019] KEELRC 2273 (KLR)
✦ The termination was found to be unfair, and the Respondent is ordered to pay the Claimant equivalent of 7 months' salary in compensation for unfair termination, 1 month salary in lieu of notice, annual leave pay, and service pay.
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Kenya National Farmers Federation (Suing through its Registered Officials namely Nduati Kariuki (Chairman) Kaburu M’Ribu (Secretary) & Grace Ngambi (Treasurer) suing on its own behalf and in the interest of 23 others) v Humanist Institute for Co-operation With Developing Countries (HIVOS) & another [2019] KEELRC 2385 (KLR)
✦ The court denied the application for stay of execution pending appeal.
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Lawrence Njue Nyaga v National Police Service Commission & another [2019] KEELRC 2338 (KLR)
✦ The Petitioner's suspension is lifted and he is ordered to be reinstated to duty.
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Samwel Kipngetich Rotich v Four Wheel Drive Maintenance (Cause 119 of 2014) [2019] KEELRC 2368 (KLR) (Employment and Labour) (8 February 2019) (Judgment)
✦ The Claimant was unfairly terminated and is entitled to compensation and other reliefs
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Aggrey Khayumbi Sese v Bob Morgan Services Limited [2019] KEELRC 2289 (KLR)
✦ Termination was unfair and unlawful
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James Yanga Yeswa v Bob Morgan Services Limited (Cause 1367 of 2014) [2019] KEELRC 2366 (KLR) (Employment and Labour) (8 February 2019) (Ruling)
✦ The application lacks merit and is dismissed with no orders as to costs.
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Emilio Kirimi Njeru v New Bakers Limited [2019] KEELRC 2365 (KLR)
✦ The Court finds the dismissal unfair and awards the Claimant pay in lieu of notice, compensation, wages for June 2015, leave, and a certificate of service.
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Kenya Union of Commercial, Food and Allied Workers v Kyaume Farmers Co-op Society Ltd & 7 Others [2019] KEELRC 2321 (KLR)
✦ The Court finds for the Union as against the 1st to 3rd Respondents in terms of prayers (i), (ii) and (iii) of the Memorandum of Claim
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Mahamed M. Kimengi v Mega Marketing Limited [2019] KEELRC 2318 (KLR)
✦ The Court orders the Respondent to pay the Claimant annual leave pay, arrears of house allowance, and service pay.