Kenyan case law
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Edward A H Onyando v Kenya Commercial Bank Limited [2018] KEELRC 256 (KLR)
✦ Claimant's suit dismissed due to lack of entitlement to withheld pay and time-barred nature of the claim
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Lawrence Ngula Kakungi v Bobs Sandwich Bar Limited [2018] KEELRC 470 (KLR)
✦ Termination was declared unfair and unlawful, and the Claimant is entitled to compensation equivalent to 8.5 months' salary, notice pay, annual leave pay, salary wrongfully deducted, severance pay, and compensation for unfair termination.
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Julius Masiva Obuga v County Assembly Service Board of Vihiga & 3 others [2018] KEELRC 155 (KLR)
✦ The court finds the appointment of Nahashon Kisina Opanga as Clerk and Deputy Clerk of the County Assembly of Vihiga was in violation of the County Government Act and Constitution of Kenya.
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Moses Otieno Muruka v B.O.G Murang’a High School [2018] KEELRC 410 (KLR)
✦ The appeal is dismissed. The learned Resident Magistrate’s decision is upheld.
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Esther Wangui Maina v Jane Wairimu Ndirangu & another [2018] KEELRC 480 (KLR)
✦ The Claimant's suit is dismissed as she sued the wrong people and was dishonest.
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Daniel Mungai Karanja v Attorney General & another [2018] KEELRC 220 (KLR)
✦ The dismissal was wrongful and unjustified, and the arrest and prosecution were malicious.
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Kenya Union of Commercial Food & Allied Workers (KUCFAW) v Rwama Farmers Co-op Society Limited [2018] KEELRC 466 (KLR)
✦ The court found the dismissal to be unfair and ordered the Respondent to pay the Grievant's notice pay, salary arrears, service gratuity, and compensation for the dismissal.
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Alice Wangui Wambugu v G.M. Kariuki Hardware Limited [2018] KEELRC 471 (KLR)
✦ Claimant dismissed during leave, judgment for 3 months salary compensation, costs, and interest
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Elijah Muriithi Muchiri & 12 others v County Government of Laikipia & another [2018] KEELRC 148 (KLR)
✦ The motion is dismissed with no order as to costs.
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Dadson Maina & 33 others v Board of Management Nyeri Primary School [2018] KEELRC 122 (KLR)
✦ The court dismissed the application by the Claimants with an order that each party bears their own costs.
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Margaret Wambui Gatonye v Homage Services Stores Limited & another [2018] KEELRC 94 (KLR)
✦ The application is dismissed with no order as to costs, and execution may proceed.
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James Maina Maigua & 2 others v Registered Trustees of the Anglican Church of Kenya [2018] KEELRC 140 (KLR)
✦ The garnishment application is granted, and the funds held by the Advocates in the interest earning account are released to the Claimants' Advocate for release to the 3 Claimants as per the Judgment of the Court by Ongaya J. given on 9th September 2016.
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Aggrey Onyango Ober v Steelmakers Limited [2018] KEELRC 199 (KLR)
✦ The Claimant was dismissed, not absconded duty. The dismissal was unfair and unjustified.
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Republic v Cabinet Secretary, Labour, Social Security and Protection Ex Parte Isaac G.M. Andabwa,the National general Secretary of the Kenya National Private Security Workers Union [2018] KEELRC 418 (KLR)
✦ An order prohibiting the use of the terms 'day watchman' and 'night watchman' is issued.
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Patricia Ndunge Mutinda v All Souls Cathedral, Diocese of Machakos & Church Commissioners of Kenya [2018] KEELRC 385 (KLR)
✦ The Court finds no merit in the motion and orders that it be dismissed with costs to the Claimant.
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Paul Kiseli Mwonga v Realmast Limited [2018] KEELRC 445 (KLR)
✦ The application is dismissed
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Andrew Ngoya Wanjunu v Tile and Carpet Centre [2018] KEELRC 458 (KLR)
✦ The Court finds the dismissal unfair due to procedural defects and awards compensation and pay in lieu of notice.
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Kenya Hotels & Allied Workers Union v Nyanza Club [2018] KEELRC 66 (KLR)
✦ The court awards a 8.5% general wage increase for the first year and 8.5% for the second year of the Collective Bargaining Agreement. The house allowance is awarded at 15% of the basic salary or Kshs.5,000 per month, whichever is greater. The effective date of the Collective Bargaining Agreement is set for January 1, 2018, and it covers the period 2018/2020.
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Ali Kulo Godana & 8 others v Jiangxi Zhongmei Engineering Construction Company Limited [2018] KEELRC 153 (KLR)
✦ The motion is dismissed as it is out of time and the window was shut by effluxion of time.
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Angela Ndambuki v Kenya National Chamber of Commerce & Industry [2018] KEELRC 172 (KLR)
✦ The Court declines to grant the orders sought by the Applicant and directs the Parties to proceed with the Arbitral process.
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Pressmaster Limited v Santosh Kumar [2018] KEELRC 455 (KLR)
✦ The court enters judgment for the Claimant against the Respondent for: Kshs. 168,810/- as one month notice, cost of work permit Kshs. 400,000/-, payment to Kolluru Consultants Kshs. 190,814/-, newspaper advertisement Kshs. 34,522/-, and costs of the suit.
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Kenya Union of Domestic, Hotels, Educational Hospital and Allied Workers v Windsor Golf and Country Club; Alexander Mwangi Gichira & 21 Others (Interested Party) [2018] KEELRC 152 (KLR)
✦ The Court dismisses the case in its entirety, finding that neither party has proved their case.
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Kenya Union of Commercial, Food & Allied Workers v Ruchu Gacharage Farmers Co-operative Society Limited [2018] KEELRC 99 (KLR)
✦ The CBA should be negotiated based on the agreements reached, including those contained in minutes signed between the Shop Steward and the Respondent. The parties are urged to conclude the CBA as per directions given by the Court. The report of the CPMU can be sought as it does not require a Court Order.
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Rosslyn Njoki Kamau v Emomentum Interactive Systems Limited [2018] KEELRC 101 (KLR)
✦ The motion is dismissed with costs to the Claimant, and the Taxation Certificate may be applied as required in the ensuing execution.
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Banking Insurance & Finance Union v Taifa Sacco Society Limited [2018] KEELRC 150 (KLR)
✦ The effective date is set as January 1, 2018, and the house allowance is set at 15% of the basic pay, with the parties to negotiate from this base.