Kenyan case law
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Kenya County Government Workers Union v County Government of Kiambu (Cause 115 of 2006) [2022] KEELRC 1600 (KLR) (16 June 2022) (Ruling)
✦ The application is dismissed for being an abuse of the court process and lacking in any merit.
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Mwema v Brand Kenya Board (Cause 1441 of 2014) [2022] KEELRC 1469 (KLR) (16 June 2022) (Judgment)
✦ The Claimant was unfairly and unlawfully terminated
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Wanjiru v Board of Management T/A Shunem Girls High School & another (Cause 84 of 2018) [2022] KEELRC 1116 (KLR) (16 June 2022) (Ruling)
✦ The court dismisses the claim and sets aside the ex-parte proceedings.
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Bwonda & 11 Others v Lake Basin Development Authority (Petition E050 of 2021) [2022] KEELRC 1523 (KLR) (16 June 2022) (Ruling)
✦ The Preliminary Objection is dismissed as the absence of written authority is not fatal to the petition.
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Okello v Glosec Services Limited (Cause 219 of 2015) [2022] KEELRC 1517 (KLR) (16 June 2022) (Ruling)
✦ The respondent was properly served and knew about the cause, but deliberately decided not to defend it.
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Murigu & another v Nairobi City County Government & 4 others (Cause E007 of 2021) [2022] KEELRC 1580 (KLR) (16 June 2022) (Ruling)
✦ The petition lacks merit and is dismissed with costs.
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Kisongochi v Fortcom Holdings Limited (Cause 2337 of 2017) [2022] KEELRC 113 (KLR) (16 June 2022) (Judgment)
✦ The Court found that the Claimant was not constructively dismissed and dismissed her claim.
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Kenya Union Of Commercial, Food And Allied Workers v Uzuri Foods Limited (Golden Harvest Mills); Bakery, Confectionery, Food Manufacturing And Allied Workers Union (K) (Interested Party) (Cause 1974 of 2015) [2022] KEELRC 1466 (KLR) (16 June 2022) (Judgment)
✦ The Court found that the constitutions of the claimant and the interested party do not provide for overlapping representation, and the claimant has not attained the threshold for recognition.
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Waiganjo v Kenpipe Co-operative Savings and Credit Society Limited (Miscellaneous Civil Application 1088 of 2011) [2022] KEELRC 1598 (KLR) (16 June 2022) (Ruling)
✦ Application dismissed with costs
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Nyang’au v County Government of Nyamira & another; Nyang’au (Interested Party) (Petition E051 of 2021) [2022] KEELRC 1597 (KLR) (16 June 2022) (Judgment)
✦ The court found the Petitioner's deployment/transfer and revision of his terms and conditions of service unconstitutional.
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Royal Group Industries (K) Ltd v Ombui (Employment and Labour Relations Court Appeal 12 of 2020) [2022] KEELRC 100 (KLR) (16 June 2022) (Ruling)
✦ The appeal is dismissed as the appeal is a nullity and the costs are awarded to the respondent.
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Salim v Starways Express Company Ltd & another (Cause 84 of 2015) [2022] KEELRC 1568 (KLR) (16 June 2022) (Ruling)
✦ The corporate veil is lifted, and personal liability is imposed on the director, Salim Sheikhan Salim, for the decretal sum.
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David & another v PO (Principal K Girls Sec.) & 2 others (Cause E001 of 2022) [2022] KEELRC 1511 (KLR) (16 June 2022) (Ruling)
✦ The claim is dismissed with costs to the respondents
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Mwangi v Family Bank Limited (Cause 331 of 2014) [2022] KEELRC 1516 (KLR) (16 June 2022) (Ruling)
✦ The application is dismissed with costs to the Respondent
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Ongati v Rift Valley Products Ltd (Cause 271 of 2018) [2022] KEELRC 93 (KLR) (16 June 2022) (Judgment)
✦ The dismissal of the Claimant was wrongful, unfair, and unlawful.
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Atingo v Borderless Tracking Limited (Cause 713 of 2017) [2022] KEELRC 1467 (KLR) (16 June 2022) (Judgment)
✦ The court found the termination of the claimant’s employment to be unfair and procedurally deficient.
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Ondari v Danros Kenya Limited (Appeal 12 [B] of 2020) [2022] KEELRC 1569 (KLR) (16 June 2022) (Judgment)
✦ The Court of Appeal sets aside the trial court's award of two months' salary in compensation for unfair termination and awards Ondari the equivalent of nine months' salary.
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Khalwale & Co Advocates v Devyan Food Industries formerly Sameer Agriculture & Kivestock Company Limited (Miscellaneous Application E053 of 2021) [2022] KEELRC 3860 (KLR) (16 June 2022) (Ruling)
✦ The motion is dismissed with costs on the higher scale, and the taxation of the cases is directed to proceed next week before the deputy registrar, the taxing master of the court.
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Abere v Kenya Commercial Bank Limited (Cause 103 of 2015) [2022] KEELRC 91 (KLR) (16 June 2022) (Ruling)
✦ The court finds and holds that the suit is statute barred and the claimant's statement of claim is hereby struck out with no orders as to costs.
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Simeon A. Oloo & 19 others v Lake Basin Development Authority (Petition E049 of 2021) [2022] KEELRC 87 (KLR) (16 June 2022) (Ruling)
✦ The absence of written authority is not fatal to the petition as the Civil Procedure Rules and Civil Procedure Act are applicable to Constitutional petitions.
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Kenya Universities Staff Union (Kusu) Maasai Mara University Branch v Maasai Mara University & 2 others (Cause E060 of 2021) [2022] KEELRC 1587 (KLR) (16 June 2022) (Ruling)
✦ The Court finds the Claimant's application merited and orders the Respondents to comply with the judgment as issued by the Honourable Court through ELRC CBA 1/2020. The Respondents are free to negotiate with the Claimants on how to implement the CBA but cannot reneg on it.
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Gatiti v Teachers Service Commission (Cause 759 of 2017) [2022] KEELRC 4157 (KLR) (16 June 2022) (Judgment)
✦ The dismissal was procedurally fair and in accord with the Employment Act and the tenets of natural justice.
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John v Bayer East Africa Limited (Cause 864 of 2016) [2022] KEELRC 1426 (KLR) (16 June 2022) (Ruling)
✦ The court finds that the claimant has not established any reasonable basis for her notice to produce, and an order for production of the documents stated in the notice cannot issue.
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Kenya County Government Workers Union v Migori County Government & 2 others (Petition 24 of 2020) [2022] KEELRC 94 (KLR) (16 June 2022) (Judgment)
✦ The petition is dismissed in its entirety as it does not disclose a cause of action anchored on the Constitution.
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Makori v Nine One One Group Limited (Cause 80 of 2018) [2022] KEELRC 115 (KLR) (16 June 2022) (Judgment)
✦ Claimant's dismissal was unfair and unjustified.