Kenyan case law
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Hellen Linet Kwena Wandera v The Principal, Lugulu Ac Secondary School & 2 others [2016] KEELRC 469 (KLR)
✦ The consent judgment is set aside due to the claimant's contention that she was not consulted and the true facts were misrepresented to her by her advocates.
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Transport Workers’ Union of Kenya v Three Ways Shipping Services [K] Ltd [2016] KEELRC 331 (KLR)
✦ The Court finds that the Suit is properly drafted and well founded in law, and dismisses the Respondent's Motion.
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Janice Massimo v Pan Africa Life Assurance Limited [2016] KEELRC 1485 (KLR)
✦ Termination was unfair due to lack of valid reason. Claimant is entitled to Kshs. 495,300 in compensation and costs.
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Gulzar Darvesh v Tricon International Limited [2016] KEELRC 118 (KLR)
✦ Claimant is awarded the sum of Kshs.1,159,353 as unpaid salary, costs, and interest
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Godfrey Kitoto Ochieng & 25 others v Hydrobuild Construction Co. Ltd & another [2016] KEELRC 1545 (KLR)
✦ The claimants were unfairly terminated and are entitled to compensation and costs.
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Unionisable Employees of Kenya Airways being represented by Stanley Kibet & 2 others v Aviation and Airport Services Workers Union (K) & 2 others [2016] KEELRC 1850 (KLR)
✦ The court sets aside the interim orders and directs the 2nd interested party to hold all agency fees deductions in an escrow account until the petition is heard and determined.
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Transport Workers Union (K) v Turbo Highway Company Ltd [2016] KEELRC 1429 (KLR)
✦ The Court held that the Transport Workers Union (K) is not the right union for the Respondent's operations as it does not operate within the transport sector and its constitution does not allow it to represent employees in the fertiliser importation industry.
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Union of National Research & Allied Institute Staff of Kenya (UNIRISK) v Kenya Industrial Research and Development Institute (KIRDI) [2016] KEELRC 443 (KLR)
✦ The Court finds that the Respondent has not complied with the Ministerial Order and orders the deduction of agency fees from all employees who benefited from the CBA.
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Transport Workers Union v Saudi Arabia Airlines [2016] KEELRC 1853 (KLR)
✦ Claimant lacks locus standi to bring the suit as its members have resigned from the union.
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Timothy Asudi Malwa v E-Gap Solutions Limited [2016] KEELRC 1157 (KLR)
✦ Dismissal was procedurally and substantively unfair
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Simon Munga Gachuhi v Kiru Tea Factory [2016] KEELRC 408 (KLR)
✦ The termination was unfair and the claimant is awarded 12 months' pay for unfair termination and one month's pay in lieu of the termination notice.
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Gilbert Mariera Makori v Equity Bank Limited [2016] KEELRC 350 (KLR)
✦ The termination of the Claimant's employment was unfair as the Respondent failed to prove the reason for termination and did not follow the required procedure as per the Employment Act.
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Timothy Asudi Malwa v E-Gap Solutions Limited [2016] KEELRC 722 (KLR)
✦ The Respondent shall release 50% of the decretal sum within 14 days and deposit the balance in an interest-earning account within 30 days
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John Kamau Gitundu & another v Leomac Traders (K) Limited & another [2016] KEELRC 306 (KLR)
✦ The court finds that the claimants are entitled to unpaid salaries, one month's salary in lieu of notice, and 2 months' salaries for unfair termination. The respondents are ordered to pay the claimants' costs.
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Transport Workers Union v New Gatitu Service Station (1977) Ltd [2016] KEELRC 31 (KLR)
✦ The claimant's application is dismissed. The parties are directed to take hearing dates for the main claim dated 29th November, 2013.
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John Kidiga Keya v Eldoret Mattress Limited & another [2016] KEELRC 655 (KLR)
✦ The cause was dismissed due to the Claimant's failure to serve a hearing notice and pay court adjournment fees
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Violet Vugutsa Odenyi v Manoj Chudasama [2016] KEELRC 973 (KLR)
✦ The Respondent's application for a stay of execution is dismissed with costs to the Claimant.
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Stephen Awino Ogaga v Kenya Kazi Services Ltd [2016] KEELRC 1335 (KLR)
✦ The Court dismisses the cause for non-attendance and non-prosecution.
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Shem Ochieng Omollo v Simba Colt Motors Limited [2016] KEELRC 912 (KLR)
✦ The Court found the dismissal to be unfair and ordered the Respondent to pay the Claimant's terminal benefits.
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Sheminah Aglae v Kenya Airways [2016] KEELRC 998 (KLR)
✦ The application is not merited and the claim cannot be filed out of time.
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Sebastian Onyango v Fresh and Juici Company Limited [2016] KEELRC 1307 (KLR)
✦ The Court finds that the Claimant is entitled to unpaid wages, salary in lieu of notice, unpaid leave, and service pay.
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Samson Chembe Vuko v County Government of Kilifi [2016] KEELRC 1014 (KLR)
✦ The Court orders the Respondent to reinstate the Claimant to the position of Computer Programmer with effect from 1st August 2016.
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Johana Kiplimo Kosgei v Mini Bakeries (Nairobi) Limited [2016] KEELRC 79 (KLR)
✦ Application dismissed with each party bearing their own costs
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John Bunde Oiro v Wells Fargo Limited [2016] KEELRC 353 (KLR)
✦ The application is dismissed with costs to the claimant/respondent.
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Solomon Githae Irungu v Nairobi Water & Sewerage Company [2016] KEELRC 240 (KLR)
✦ The court grants a stay of execution of the judgment except for certain payments.