Kenyan case law
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Lidede v Early Learning Montessori Center & 2 others (Cause 1400 of 2018) [2022] KEELRC 97 (KLR) (14 June 2022) (Judgment)
✦ The Court found that there was an employer-employee relationship between the Claimant and the Respondents, but did not find constructive dismissal.
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Daniel v Sadoline E.A Limited (Cause 1677 of 2017) [2022] KEELRC 1528 (KLR) (14 June 2022) (Judgment)
✦ The Court finds that the employment contract was a fixed-term contract and there was no legitimate expectation of renewal. The termination was not unfair, and the Claimant is not entitled to the reliefs sought.
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Butoyi v Sheer Logic Management Consultants Ltd (Cause 274 of 2019) [2022] KEELRC 1456 (KLR) (13 June 2022) (Judgment)
✦ The court finds the dismissal unfair and orders compensation of 6 months' salary, unpaid house allowance, costs, and interest.
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Isinya Roses Limited v Kyalo (Miscellaneous Application E050 of 2022) [2022] KEELRC 1089 (KLR) (13 June 2022) (Ruling)
✦ The Court is satisfied that the application is merited and the Applicant has demonstrated substantial loss.
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Wekesa v Multimedia University of Kenya (Cause 1682 of 2016) [2022] KEELRC 1507 (KLR) (13 June 2022) (Judgment)
✦ The Court finds that the allowances in the return to work formula dated 14th March 2014 are not pleaded and thus cannot be awarded. The Respondent is not liable for the unilateral variation of the terms of employment. The Claimant is entitled to the reliefs sought.
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Tony Cheruiyot v Kenya Medical Practioners Pharmacist & Dentist’s Union (KMPDU) & 3 others (Constitutional Petition E017 of 2022) [2022] KEELRC 1409 (KLR) (10 June 2022) (Ruling)
✦ The court declines to grant the injunctive orders sought.
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Kariuki & another v Nairobi City County Assembly Service Board & 6 others (Petition E157 of 2021) [2022] KEELRC 3981 (KLR) (10 June 2022) (Ruling)
✦ The Court declines the Application by Ng’ang’a & Associates and orders that Ng’ang’a & Associates appear for the 5th and 7th Respondents, while Ashioya Mogire & Nkatha Advocates for the 6th Respondent.
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Mwailinda v Chablis Limited (Cause 672 of 2016) [2022] KEELRC 1535 (KLR) (10 June 2022) (Judgment)
✦ The Court finds the termination lawful and based on valid reasons. The claimant is not entitled to compensation for alleged unfair or unlawful termination, nor to payment in lieu of termination notice.
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Maina v Yantai Welworth International Trade Co. Ltd & 2 others (Cause E816 of 2021) [2022] KEELRC 3980 (KLR) (10 June 2022) (Ruling)
✦ The Court finds that representation of a client by an advocate cannot be compelled. The client has the right to choose his advocate, and the advocate similarly has the right to select whether to represent or not represent a client.
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Komu v Odds & Ends Ltd (Cause 471 of 2016) [2022] KEELRC 1488 (KLR) (10 June 2022) (Judgment)
✦ The Court finds the claimant's version of events more probable, concluding that the claimant was terminated from employment. The termination was not fair and lawful.
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Kenya Aviation Workers Union v Kenya Airways Limited (Cause 1448 of 2015) [2022] KEELRC 4086 (KLR) (10 June 2022) (Judgment)
✦ The claim is declined and costs are to be paid by the claimant union to the respondent.
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Otieno v Omya East Africa Limited & another (Cause 231 of 2020) [2022] KEELRC 1687 (KLR) (10 June 2022) (Ruling)
✦ The court finds the application meritorious and quashes the Warrants of Attachment and Proclamation Notice issued by Moran Auctioneers.
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Khasiani v Barclays Bank of Kenya Limited & another (Cause 926 of 2016) [2022] KEELRC 1487 (KLR) (10 June 2022) (Judgment)
✦ The applicable law in resolving the claimant's dismissal is the repealed Employment Act, 2002.
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Nyabwari v Label Converters Ltd (Cause 139 of 2017) [2022] KEELRC 3993 (KLR) (10 June 2022) (Judgment)
✦ Claimant is awarded 4 months' salary in compensation for unfair termination, 1-month salary in lieu of notice, and annual leave at Kshs. 21,710.
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Kimweli & another v Warah & another (Cause 2590 of 2016) [2022] KEELRC 4118 (KLR) (10 June 2022) (Ruling)
✦ The claimants must either pay the costs awarded in the previous suit or deposit Kshs 100,000 as security for anticipated costs in the current suit.
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Kitela v Nesco Services Limited (Cause 1649 of 2017) [2022] KEELRC 110 (KLR) (10 June 2022) (Judgment)
✦ The claimant was dismissed, not absconded duty. The termination was unfair and unlawful.
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London Distillers Limited & another v Kenya Union of Commercial, Food and allied Workers [KUCFAW] (Petition 93 of 2021) [2022] KEELRC 3984 (KLR) (10 June 2022) (Judgment)
✦ The Petition is in abuse of the process of the Court, and is declined, with costs to the Respondent.
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Mwinzi v Management University of Africa (Cause 1743 of 2017) [2022] KEELRC 3992 (KLR) (10 June 2022) (Judgment)
✦ The Court orders the Respondent to pay the Claimant leave allowance of Kshs. 10,928 and salary arrears of Kshs. 81,339, totaling Kshs. 92,267.
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Aboka v Shalom Paradeisos (Cause 1900 of 2017) [2022] KEELRC 1484 (KLR) (10 June 2022) (Judgment)
✦ The claimant's termination was found to be unfair and unlawful.
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Kenyan Plantation Agricultural Workers Union v Lauren International Flowers Limited (Cause E306 of 2022) [2022] KEELRC 109 (KLR) (10 June 2022) (Ruling)
✦ The court dismissed the respondent's preliminary objection and found that the Employment and Labour Relations Court has original jurisdiction to hear and determine the employment and labour relations matter.
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Mutua v Rushabh Industries Limited (Cause 872 of 2017) [2022] KEELRC 1489 (KLR) (10 June 2022) (Judgment)
✦ The claimant absconded duty and the respondent had justifiable cause to terminate his employment.
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Njogu v Deekem Petroleum and Industrial Chemicals Ltd (Cause 1786 of 2017) [2022] KEELRC 3999 (KLR) (10 June 2022) (Judgment)
✦ The claimant was declared constructively and unfairly dismissed. The respondent is ordered to pay salary arrears of Kshs 300,000 and compensation for constructive and unfair dismissal of Kshs 125,000, totaling Kshs 425,000.
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Mudanya v Sarova Stanley Hotel (Cause 2080 of 2016) [2022] KEELRC 1485 (KLR) (10 June 2022) (Judgment)
✦ The court found that the claimant was not dismissed for a valid reason and that he was not given due process. The court ordered the respondent to pay the claimant Kshs 428,331.49 in compensation.
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Kienjeku v UAP Old Mutual Group (Cause 1524 of 2017) [2022] KEELRC 1486 (KLR) (10 June 2022) (Judgment)
✦ The Court found the redundancy to be fair and lawful, and the claimant is not entitled to the reliefs sought.
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Bett v Lake Victoria North Water Services Board (Cause 59 of 2018) [2022] KEELRC 1094 (KLR) (9 June 2022) (Judgment)
✦ The court held that the Respondent applied fair procedure in dismissing the Claimant and that the reasons for dismissal are valid and fair.