Kenyan case law
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Erasmus Omoiti Eroto v Board of Management Kapsoya Secondary School Eldoret [2016] KEELRC 149 (KLR)
✦ Service pay is not awarded as the Claimant is a member of a pension scheme. Unpaid leave is awarded for 7 days. Weekly rest days are awarded for 76,416.60 Shs. Overtime is awarded for 312,280.10 Shs. Public holidays are awarded for 9,977 Shs. Underpayments are awarded for 159,836 Shs.
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Nicholas Juma Ojuok v Pentagon Elite Security Services Limited [2016] KEELRC 199 (KLR)
✦ Respondent's application to file a late response is allowed, and the Claimant is ordered to be re-called for cross-examination
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Paul Ocheso Otengo & 9 Others v Girish Kumar Patel T/A Tej Dip Hardware Stores [2016] KEELRC 63 (KLR)
✦ The Court granted the proposed orders 2 and 3 in the motion.
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Benson Okaalo Okalongo & Jacob Omanyo Washuma v Unga Limited (Cause 259 of 2014) [2016] KEELRC 298 (KLR) (18 November 2016) (Judgment)
✦ The Court found the dismissals procedurally and substantively fair.
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Ruben Kiplimo Kinyor v Transtrade Services Limited [2016] KEELRC 360 (KLR)
✦ Termination was valid but unfair due to procedural flaws.
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Catherine Rotich Holden v Board of Governors Nairobi International School & 2 others [2016] KEELRC 286 (KLR)
✦ The Court finds no basis for the Objector's assertion that it is a stranger to these proceedings. The argument that the Respondents are non-existent ought to have been ventilated at the main hearing and not at the execution stage.
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Maurice Otunga v Nyali International Beach Hotel & another [2016] KEELRC 96 (KLR)
✦ The termination of the claimant's contract of employment was unlawful and unfair
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Erickson Lukano v Delmonte Kenya Limited [2016] KEELRC 358 (KLR)
✦ The court finds the dismissal unlawful and unfair, and awards compensation and terminal benefits.
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Raphael Okango Sikalo v Lucy Wairimu t/a Red Rose Restaurant [2016] KEELRC 292 (KLR)
✦ The Court finds the Claimant's cause of action an abuse of the court process, scandalous, and frivolous.
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Kadenge Karisa Konde v Coast Clay Works Limited [2016] KEELRC 383 (KLR)
✦ Termination was valid but procedurally unfair. The Court orders compensation of 2 months' gross salary at Kshs. 32,960.
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Joel P. N. Mbata v Dosh Iron Mongers Limited & another [2016] KEELRC 310 (KLR)
✦ The claimant is not entitled to any of the claims as he voluntarily resigned and the claims are not within the scope of the Employment Act.
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Kenya Hotels & Allied Workers Union v Rafiq Jivraj & 2 others [2016] KEELRC 345 (KLR)
✦ The court finds that the grievants terminated their employment without notice and are not entitled to severance pay.
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Cyprian Kinoti M’muriungi v County Government of Meru & 2 others [2016] KEELRC 374 (KLR)
✦ The court finds the termination of the claimant's contract of service to be constructive and unfair, and orders the 1st respondent to pay the claimant's salary and allowances, gratuity, and costs.
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Edinah Nyaboke Gwachi v Kapric Apparels (EPZ) Limited [2016] KEELRC 272 (KLR)
✦ The termination of the Claimant's employment was procedurally unfair and unlawful.
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Kennedy Ouma Ndeda v Njuca Consolidated Company Limited [2016] KEELRC 355 (KLR)
✦ Termination was unfair
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Joseph Otieno Ogutu & 24 others v Allied Wharfage Ltd & another [2016] KEELRC 273 (KLR)
✦ The claimants were independent contractors and not employees, thus the reliefs sought are not available to them.
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Beautrice Apuphia Busiliru v Kenya Pipiline Co. Ltd [2016] KEELRC 289 (KLR)
✦ The court finds that the claimant's suit is statute barred and dismisses the suit.
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Renson Ngoma Mtungu & 6 others v Registrar of Trade Unions & another [2016] KEELRC 288 (KLR)
✦ The refusal to register the appellants' union was lawful and justified, and the respondent did not err in seeking advice from the National Labour Board.
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Rahab Gathoni Gichohi v Muranga County Government [2016] KEELRC 364 (KLR)
✦ The court declines to uphold the petition and orders the respondent to continue the recruitment process for the position of chairperson of the Murang’a County Public Service Board.
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Liu Ching Liang v Webwave Electric Manufucturing (K) Co. Ltd & 2 others [2016] KEELRC 36 (KLR)
✦ The Claimant's employment status is secured, and the Court will address the issue of security for appearance and attachment of property as security for the suit.
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Dougls Mulanya Alakonya v Africa Marine General Engineering Limited [2016] KEELRC 234 (KLR)
✦ The termination of the claimant's employment was not unfair, and the claimant is not entitled to salary in lieu of notice or compensation for unfair termination.
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Anthony Gitau Waweru & 12 others v Nyandarua County Government & 3 others [2016] KEELRC 339 (KLR)
✦ The Court finds no merit in the motion and dismisses it.
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Captain J.N. Wafubwa v The Defence Council [2016] KEELRC 188 (KLR)
✦ The Claimant's claim is struck out with no order for costs.
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Christian Samba Obath v Fossil Fuels Limited [2016] KEELRC 369 (KLR)
✦ The Court dismissed the Claimant's claims and ordered the Respondent to pay the Claimant salary up to 15th May 2015, salary in lieu of notice, and annual leave days.
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Kenya Union of Domestic, Hotels,Educational Institutions and Hospital Work v Pwani University & another [2016] KEELRC 203 (KLR)
✦ The court dismisses the request for review of the judgment for purposes of reconsidering the claim for severance pay. The court reviews and corrects the judgment by adding an award in favor of Dorcas Salama Randu and reducing the awards made to Kenga Katana, Jonson Naunga, and Paul Karisa Kahindi.