Kenyan case law
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Julius O. Ogutu v Attorney General [2017] KEELRC 303 (KLR)
✦ The application lacks merit and is dismissed with no order as to costs.
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Margaret Ndunge Daniel & another v Udhabiti Educational Trust, Kenya & 2 others [2017] KEELRC 222 (KLR)
✦ The termination was found to be unfair due to the failure to follow a fair procedure.
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Athmani Mchemi Mghalu v Guard Force Limited [2017] KEELRC 360 (KLR)
✦ The Court dismisses the claim for want of jurisdiction.
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Kenneth Onyando v Grofin Services (Pty) Limited [2017] KEELRC 309 (KLR)
✦ The court finds that the termination of employment was wrongful and unfair due to the respondent's failure to provide a valid reason and follow a fair procedure.
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Kenya National Private Security Workers Union v Riley Services Limited [2017] KEELRC 268 (KLR)
✦ The Court dismisses the cause with no order as to costs, except for the underpayment of wages for the months of June and July 2013.
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Thomas Kimutai Biwott v Kenya Power & Lighting Co. Ltd [2017] KEELRC 2003 (KLR)
✦ The dismissal of the Claimant was unfair and the Court awarded him Kshs 1,223,881/56. The application to set aside the judgment and grant leave to defend was dismissed.
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Anthony Kingoro v Aboo Insurance Brokers Limited [2017] KEELRC 454 (KLR)
✦ Termination was by agreement of the parties and not unfair. The Respondent shall pay the Claimant salary for July 2015 at Kshs. 39,000, house allowance of Kshs. 3,500, and annual leave pay of Kshs. 14,300.
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Sammy Kandie Ng’ochoch v AAR Health Care Holdings Limited [2017] KEELRC 330 (KLR)
✦ The court finds no merit in setting aside the interim orders issued on 16th August 2017 which have been partially complied with. The suit is mentioned before the Principal Judge for either granting a date for inter partes hearing or setting a hearing date of the main suit on the merits.
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Laxmanbhai Construction Company Limited v Filmoni Mbayagi Kedogo [2017] KEELRC 251 (KLR)
✦ The application for leave to appeal out of time is refused.
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Alfred Omurunga v Kenya Sugar Research Foundation [2017] KEELRC 295 (KLR)
✦ The claim has no merit and is dismissed with no order on costs.
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Charles Okungu Odhiambo & 28 others v Juja Coffee Exporters Limited [2017] KEELRC 433 (KLR)
✦ The Applications filed by the Respondent are rejected. Costs of both Applications to the Claimants. Claimants are at liberty to execute.
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Leah Wakio Ngami v Optica Limited [2017] KEELRC 301 (KLR)
✦ Claimant is entitled to 7 days pay in lieu due to the probationary period and the lack of written notice.
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Kenya County Governments Workers’ Union v Trans Nzoia County Government (Cause 23 of 2005) [2017] KEELRC 284 (KLR) (Employment and Labour) (23 November 2017) (Ruling)
✦ Execution proceedings may not issue against the County Government of Trans Nzoia, but the judgment should be quantified and the County Government should satisfy it.
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Leah Wakio Ngami v Optica Limited [2017] KEELRC 264 (KLR)
✦ Claimant is entitled to 7 days pay in lieu due to the probationary period and the lack of written notice.
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Samuel Gechiko & 21 others v Kapil Bakery Limited & another [2017] KEELRC 1999 (KLR)
✦ The court allows the application and orders the 1st and 2nd respondents to deposit Kshs 400,000 as security within 10 days, and the County Labour Officer to inspect and examine employee records for outstanding leave due.
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Reuben Nyambaso Nyambagera v Inter Security Services Ltd [2017] KEELRC 2002 (KLR)
✦ Preliminary objection dismissed; Claimant and Respondent to file amended pleadings.
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Boniface Ingosi v Stella Builders Limited [2017] KEELRC 307 (KLR)
✦ Claimant was an employee of the Respondent, and the relationship was terminated unlawfully and unfairly.
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Kenya Shipping Clearing and Warehouses Workers Union v Global Freight Logistics Limited [2017] KEELRC 52 (KLR)
✦ The court grants the union's application for access to the employer's premises for recruitment purposes, with conditions to avoid disruption and protect employee rights.
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Republic v Teachers Service Commission Ex parte Johnstone Inaweti & another [2017] KEELRC 2007 (KLR)
✦ Leave to apply for judicial review and orders is denied, and the application is dismissed with no order as to costs.
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John Lenzi v Smep Deposit Taking Microfinance Ltd [2017] KEELRC 2006 (KLR)
✦ The Court declines the application and orders the suit be heard and determined in Eldoret.
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Banking, Insurance and Finance Union v Barclays Bank of Kenya Ltd & another [2017] KEELRC 472 (KLR)
✦ The court clarified that internal performance tools (PIP and PDP) are part of the employer's mandate but do not replace the mandatory provisions of the Employment Act.
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Kenya Plantation & Agricultural Workers Union v Issa Wafula (Group HRM- Zena Roses Kenya) & 7 others [2017] KEELRC 84 (KLR)
✦ Preliminary Objections are dismissed and the application shall proceed.
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Bernard Kariuki Gatumu v Everest Enterprises Limited [2017] KEELRC 274 (KLR)
✦ The Court found the termination to be unfair and unjustified.
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Kenya Union of Employees of Voluntary and Charitable Organizations (KUEVACO) & another v Registrar of Trade Unions & another [2017] KEELRC 419 (KLR)
✦ The court found the Registrar's notice to be unlawful and dismissed the petition.
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Dominic Murithi Nyaga v Bob Morgan Services Limited [2017] KEELRC 359 (KLR)
✦ The court finds the claimant constructively terminated and awards him compensation, half-month salary in lieu of annual leave, 12 months' salary, and a certificate of service.