Kenyan case law
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Geni v Otuto (Employment and Labour Relations Cause 1124 of 2018) [2024] KEELRC 1653 (KLR) (27 June 2024) (Ruling)
✦ The application is dismissed with costs.
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Great Rift Valley Lodge & Resort v Paul (Appeal 44 of 2017) [2024] KEELRC 1666 (KLR) (27 June 2024) (Judgment)
✦ The appeal is allowed, and the plaint in the lower court is struck out for being filed out of time. Each party shall meet their own costs for the trial and this appeal. The money deposited in the joint names of the law-firms shall be released to the appellant's counsel.
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Siele v County Secretary, Kericho County & 3 others (Petition E05 of 2023) [2024] KEELRC 1608 (KLR) (27 June 2024) (Judgment)
✦ The court finds the petition has merit and allows it, declaring that the 1st, 2nd, and 3rd Respondents have no direct powers to interfere with the petitioner's employment and that the replacement via a general meeting is unlawful, unprocedural, and unfair. The court orders the Respondents to restrain from interfering with the petitioner's employment through a general meeting.
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Omondi v County Public Service Board, Homabay County & another (Appeal E031 of 2022) [2024] KEELRC 1640 (KLR) (27 June 2024) (Judgment)
✦ The appeal is allowed, and an additional award of 3 months salary in lieu of notice and damages for unlawful termination is made.
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Board of Management & Trustees Catholic Diocese of Kakamega v Shirietso (Employment and Labour Relations Appeal 6 of 2024) [2024] KEELRC 1684 (KLR) (27 June 2024) (Judgment)
✦ The Court found the award by the trial Court excessive and manifestly high.
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Korir v Boresha Sacco Society Ltd (Employment and Labour Relations Cause E055 of 2023) [2024] KEELRC 1606 (KLR) (27 June 2024) (Judgment)
✦ The termination was fair and justifiable, and the claimant is not entitled to compensation except for unused leave days
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Omao v County Government of Nyamira & 5 others; Oyugi & 5 others (Interested Parties) (Petition E042 of 2022) [2024] KEELRC 1636 (KLR) (27 June 2024) (Judgment)
✦ The petition is dismissed as the Petitioner did not specify actual constitutional provisions violated and the process was conducted in accordance with the law.
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Kagocha v Multimedia University of Kenya & 11 others (Employment and Labour Relations Petition E222 of 2023) [2024] KEELRC 1718 (KLR) (27 June 2024) (Ruling)
✦ The preliminary objection is not merited and is dismissed.
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Adika v Security 24 Limited & another (Appeal E048 of 2023) [2024] KEELRC 1639 (KLR) (27 June 2024) (Ruling)
✦ The ex parte judgments and orders entered on 19th October, 2023, 30th November, 2023, and 24th January, 2024 are set aside.
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Lolmingani & another v Lelelit & another (Petition E019 of 2022) [2024] KEELRC 1668 (KLR) (27 June 2024) (Judgment)
✦ The court declares the recruitment process illegal, null, and void and quashes the impugned decision.
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Anthony v Wambugu t/a Lemo Pastries (Cause 223 of 2014) [2024] KEELRC 1678 (KLR) (27 June 2024) (Judgment)
✦ The court finds the dismissal of the claimant was wrongful, unfair, and unlawful.
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Rachuonyo v Jaramogi Oginga Odinga University of Science and Technology (Cause E053 of 2022) [2024] KEELRC 1642 (KLR) (27 June 2024) (Ruling)
✦ The court sets aside the order directing the matter to proceed undefended and grants the Claimant leave to file its defence out of time.
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Kenya Union of Commercial, Food and Allied Workers v Woolmatt Limited (Cause E008 of 2020) [2024] KEELRC 1628 (KLR) (27 June 2024) (Ruling)
✦ The Respondent's motion to stay the proceedings is dismissed with costs to the Claimant.
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Obayi v Judicial Service Commission & another (Cause E030 of 2022) [2024] KEELRC 1672 (KLR) (27 June 2024) (Judgment)
✦ Dismissal was wrongful and unlawful due to lack of procedural fairness
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Njogu v Daraja Micro-Finance Bank Ltd (Employment and Labour Relations Cause 2369 of 2017) [2024] KEELRC 1683 (KLR) (27 June 2024) (Judgment)
✦ The termination was procedurally fair but not substantially justifiable.
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Kenya Union of Commercial Food & Allied Workers v Lake Treasure Ltd (Cause E073 of 2023) [2024] KEELRC 1641 (KLR) (27 June 2024) (Judgment)
✦ The court finds that the Kenya Union of Commercial Food & Allied Workers has met the threshold for recognition and orders that Lake Treasure Ltd recognize the union and sign a recognition agreement for collective bargaining.
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Oluchiri v Mary Njeri Macharia t/a Genbell Enterprises (Employment and Labour Relations Cause 43 of 2017) [2024] KEELRC 1667 (KLR) (27 June 2024) (Judgment)
✦ The court declares the dismissal of the claimant by the respondent wrongful, unfair, and unlawful and awards notice pay, compensation, and interest.
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Egerton University v Kenya Union of Domestic, Hotels, Educational Institutions, Hospitals & Allied Workers (KUDHEIHA) & another (Petition E002 of 2022) [2024] KEELRC 1680 (KLR) (27 June 2024) (Judgment)
✦ The petition is incurably defective and is hereby struck out with no order as to costs.
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Banking Insurance & Finance Union v Patnas Sacco Society Ltd (Cause 106 of 2018) [2024] KEELRC 1625 (KLR) (26 June 2024) (Judgment)
✦ The court finds that the 19 employees of the respondent were covered by the previous CBA until December 2017, when they ceased to be members of the claimant.
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Kenya Union of Clinical Workers & 76 others v County Government of Vihiga (Cause 32 of 2021) [2024] KEELRC 1626 (KLR) (26 June 2024) (Ruling)
✦ The Court granted the stay of further proceedings and execution pending the final determination of the appeal at the Court of Appeal.
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Ogola v Teachers Service Commission (Judicial Review Application E018 of 2024) [2024] KEELRC 1613 (KLR) (26 June 2024) (Ruling)
✦ The Summons is dismissed with costs.
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Board of Management Milo Boys High School v Wakhungu (Employment and Labour Relations Appeal E015 of 2023) [2024] KEELRC 1685 (KLR) (26 June 2024) (Judgment)
✦ The Court set aside the entire judgment and made a proper finding, awarding the Respondent the correct amount of salary arrears and rest days, and rejecting the overtime award.
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Kenyanya v Nyangena Hospital Ltd (Miscellaneous Civil Application E053 of 2024) [2024] KEELRC 1611 (KLR) (26 June 2024) (Ruling)
✦ The court granted leave to appeal out of time and allowed the firm of Ombui Ratemo & Associates Advocates to be appointed as counsel.
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Board of Management - Milo Boys High School v Mabonga (Employment and Labour Relations Appeal E016 of 2023) [2024] KEELRC 1696 (KLR) (26 June 2024) (Judgment)
✦ The Appellant's appeal is allowed, and the judgment of the Honourable P.Y. Kulecho, PM is set aside.
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Seth & 2 others v Ministry of Interior and Coordination of National Government & 3 others (Petition E001 of 2024) [2024] KEELRC 1614 (KLR) (26 June 2024) (Judgment)
✦ The Petitioners' rights were violated, and the Respondents are ordered to train, include, engage, and facilitate the Petitioners as content supervisors for the 2019 census.