Kenyan case law
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Moraa v Nyangena Hospital Ltd (Miscellaneous Civil Application E051 of 2024) [2024] KEELRC 1590 (KLR) (26 June 2024) (Ruling)
✦ The court grants leave to file an appeal within 30 days and allows the applicant to have new counsel.
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Otieno v Mutsimoto Motor Company Limited (Petition E003 of 2022) [2024] KEELRC 1663 (KLR) (26 June 2024) (Judgment)
✦ The court finds the petition properly before the court and grants the petitioner a declaration of constructive discharge, compensation, and costs.
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Agwa v Governor, Kisumu County & 3 others (Petition E017 of 2024) [2024] KEELRC 1595 (KLR) (26 June 2024) (Judgment)
✦ The Court declares the Governor's act of relieving the Petitioner of her duties as a breach of her Constitutional rights under Articles 27(1) and (2), 40, 41(1), 47(1) and (2), and 236 of the Constitution of Kenya.
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Kenya Plantation & Agricultural Workers Union v Solio Ranch Limited (Cause 7A of 2019) [2024] KEELRC 1622 (KLR) (26 June 2024) (Judgment)
✦ The court finds in favor of the claimant, declaring the respondent's actions as unfair labor practices and ordering the respondent to execute a recognition agreement within 30 days.
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Mutai v Chepkorir aka Toto Women Representative & another (Employment and Labour Relations Cause E011 of 2023) [2024] KEELRC 1629 (KLR) (26 June 2024) (Ruling)
✦ The Court orders the proceedings to be referred to Alternative Justice System (AJS) as a duplication of roles and delay in resolving the issue would be avoided.
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Ongweso v Green Pastures Farm (Employment and Labour Relations Appeal E011 of 2023) [2024] KEELRC 1687 (KLR) (26 June 2024) (Judgment)
✦ The court set aside the lower court judgment and allowed the appellant's suit, awarding him the full amount sought.
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Onchuki v Nyangena Hospital Ltd (Miscellaneous Civil Application E052 of 2024) [2024] KEELRC 1591 (KLR) (26 June 2024) (Ruling)
✦ The Court grants leave to appeal out of time and allows the applicant to file a Memorandum of Appeal within 30 days.
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Munyekenye v Innovations for Poverty Action (Cause E020 of 2024) [2024] KEELRC 1615 (KLR) (26 June 2024) (Judgment)
✦ The Court finds that the termination of the Claimant's employment was not unfair and that the Claimant did not demonstrate a legitimate expectation of contract renewal. The Court awards the Claimant Kshs 975,153/- as damages.
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Kenya Union of Domestic Workers, Hotels, Educational Institutions and Hospital Workers Union (KUDHEIHA) v BOM Salvation Army Kolanya Girls National (Cause E003 of 2024) [2024] KEELRC 1688 (KLR) (26 June 2024) (Ruling)
✦ The Court finds the claim res judicata and strikes it out
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Obare v Simakon Building & Civil Engineer Contractor (Appeal E067 of 2023) [2024] KEELRC 1616 (KLR) (26 June 2024) (Judgment)
✦ The Senior Principal Magistrate erred in law and fact in declining jurisdiction and/or declining to review its order on jurisdiction.
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Ondieki v Nyangena Hospital Ltd (Miscellaneous Civil Application E050 of 2024) [2024] KEELRC 1610 (KLR) (26 June 2024) (Ruling)
✦ The Court grants leave to appeal out of time and allows the applicant to file an appeal within 30 days.
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Obachi v Mount Kenya University (Cause 44 of 2015) [2024] KEELRC 1623 (KLR) (26 June 2024) (Judgment)
✦ The court finds the dismissal wrongful, unfair, and unlawful. The claimant is awarded a declaration, salary differential, house allowance in arrears, underpayments, and compensation for unfair termination.
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Osoro v Nyangena Hospital Ltd (Miscellaneous Civil Application E049 of 2024) [2024] KEELRC 1609 (KLR) (26 June 2024) (Ruling)
✦ The Court grants the applicant leave to file and serve a memorandum of appeal within 30 days from the date of the ruling.
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West Kenya Sugar Co Ltd v Angulu (Appeal E004 of 2024) [2024] KEELRC 1698 (KLR) (26 June 2024) (Ruling)
✦ The court granted the stay of execution of the decree pending the hearing and determination of the appeal.
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Kibos Sugar & Allied Industries Ltd v Amuma (Appeal E011 of 2024) [2024] KEELRC 1589 (KLR) (26 June 2024) (Ruling)
✦ The Motion dated 23 April 2024 is dismissed with costs.
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Githinji v Elsamere Conservation Centre (Employment and Labour Relations Appeal E032 of 2023) [2024] KEELRC 1604 (KLR) (26 June 2024) (Ruling)
✦ The court grants the stay of execution of the judgment pending the hearing and determination of the appeal
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County Government of Nyamira v Aruasa (Appeal E002 of 2024) [2024] KEELRC 1594 (KLR) (26 June 2024) (Judgment)
✦ The appeal is allowed, the order granting leave is vacated and set aside, and the Motion is dismissed.
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Ochola v Siaya County Public Service Board (Petition E014 of 2024) [2024] KEELRC 1596 (KLR) (26 June 2024) (Judgment)
✦ The Court finds the Board's conduct constitutes unfair labour practices and orders the issuance of an appointment letter and allowance to report for work.
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Makokha v Nzoia Sugar Company Limited & 3 others (Cause E012 of 2022) [2024] KEELRC 1686 (KLR) (26 June 2024) (Judgment)
✦ The Court held that there was a valid reason for the termination but lacked procedural fairness.
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Chepkwony v Standard Chartered Bank of Kenya Limited (Cause E014 of 2021) [2024] KEELRC 1600 (KLR) (26 June 2024) (Judgment)
✦ The court declared the dismissal wrongful for lack of procedural fairness and awarded the claimant compensation for wrongful dismissal.
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Osebe v Nyangena Hospital Ltd (Miscellaneous Civil Application E056 of 2024) [2024] KEELRC 1593 (KLR) (26 June 2024) (Ruling)
✦ The Court grants leave to appeal out of time and allows the applicant to file a Memorandum of Appeal within 30 days.
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Wanyonyi v Teacher Service Commission & another (Employment and Labour Relations Petition E016 of 2023) [2024] KEELRC 1697 (KLR) (26 June 2024) (Judgment)
✦ The disciplinary panel was not properly constituted
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Kenya Chemical & Allied Workers Union v Kenya Flexogravure Limited (Cause E001 of 2022) [2024] KEELRC 1603 (KLR) (26 June 2024) (Judgment)
✦ The court finds that the redundancy of the five named grievants was effected through mutual consent and both parties are estopped from claiming otherwise. The claimant is awarded the costs of the cause.
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Republic v The County Secretary Nyamira County & 2 others; Osumu & 3 others (Exparte Applicants) (Judicial Review Application E009 of 2024) [2024] KEELRC 1597 (KLR) (26 June 2024) (Judgment)
✦ An order of mandamus is issued compelling the Respondents to pay the decretal sum of Kshs 1,762,050.00/- to the ex-parte applicants.
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Ongubo v Nyangena Hospital Ltd (Miscellaneous Civil Application E055 of 2024) [2024] KEELRC 1592 (KLR) (26 June 2024) (Ruling)
✦ The Court grants leave to file an appeal out of time and allows the firm of Ombui Ratemo & Associates Advocates to come on record for the applicant.