Kenyan case law
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Raphael Njoroge Mwaura & 12 others v Kenya Power & Lighting Company Limited [2020] KEELRC 210 (KLR)
✦ The court ordered the claimants to compute the amounts payable and exchange the computation with the respondent for reply or concurrence.
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Benard Musyoka Ngwenze & 167 others v Uzuri Foods Limited [2020] KEELRC 203 (KLR)
✦ The termination was unfair and unjustified, and the Claimants are awarded 1 month salary in lieu of notice and 8 months' salary as compensation for the unfair termination.
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Kenya County Government Workers Union v Wajir County Government & 4 others [2020] KEELRC 219 (KLR)
✦ The application is allowed to the extent that the 3 officers named be summoned to show cause why they should not be committed to jail for disobeying the court's orders dated 16/1/2020.
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David Wamwiri v Bata Shoe Company Kenya Limited [2020] KEELRC 170 (KLR)
✦ The Petitioner's rights under Article 41 of the Constitution were infringed upon due to the Respondent's malicious actions in taking the Petitioner's original certificates to the police station and withholding his terminal dues.
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Cecilia Martha Njeri Nduati & Racheal Muthoni Mwangi v another [2020] KEELRC 198 (KLR)
✦ The application is dismissed with costs to the Claimant/Respondents
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Mugumo Munene v Nation Media Group Limited [2020] KEELRC 228 (KLR)
✦ The termination of the Claimant on account of redundancy was unfair and unjustified.
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Joseph Kahoro Mundia t/a Upstate Kenya Auctioneers v Aggrey Onyango Ober;Steelmakers Limited (Respondent) [2020] KEELRC 206 (KLR)
✦ The application for stay of execution is denied, and the proclamation of movable properties is quashed.
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Peter Muigai Wairigu & 8 others v Catholic University of Eastern Africa [2020] KEELRC 189 (KLR)
✦ The Court finds Cause No. 550 of 2019 to be sub judice to Cause No. 805 of 2017 and gives the parties 30 days to consider necessary amendments or consolidation of the two causes.
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Albert Yawa Katsenga v Kenya Revenue Authority [2020] KEELRC 211 (KLR)
✦ The application is dismissed as there is no valid reason for a review order and the application has no merit
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Benjamin Mutuku Kimuyu v Nguvu Construction & Mining Limited [2020] KEELRC 216 (KLR)
✦ The termination was unfair and unjustified.
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Peter Mbaka Omeru & 16 others v Crown Industries Limited [2020] KEELRC 205 (KLR)
✦ Claimants are entitled to damages for unfair termination equivalent to 10 months' salary for each Claimant
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Jeremy Kirimi Rithaa v Technical University of Kenya [2020] KEELRC 222 (KLR)
✦ The application to set aside the ex parte judgment is allowed with conditions
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Charles Kasisi & 10 others v Kenya Broadcasting Corporation [2020] KEELRC 218 (KLR)
✦ The court held that consultation is an imperative requirement under Kenyan law and that the defendant failed to provide adequate consultation.
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Maurice Sikitu Okumu v Doveypharma Limited [2020] KEELRC 215 (KLR)
✦ Application for stay of execution granted on condition that the entire decretal sum is deposited in an interest-earning account held in joint names of counsel on record within 60 days
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Christine Katunge Kitale v Statpack Industries Limited [2020] KEELRC 192 (KLR)
✦ The Court allows the application and sets aside the default judgment, allowing the Respondent to defend the case and pay the Claimant's thrown away costs of Kshs.50,000.
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Patrick Omutia Otulia & another v Nairobi City Water & Sewerage Company Limited [2020] KEELRC 187 (KLR)
✦ The application for stay is granted on condition that the Applicants deposit the decretal sum in an interest earning account held in joint names of Counsels on record within 30 days.
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Kenya Engineering Workers Union v Dunhill Automobiles Limited [2020] KEELRC 217 (KLR)
✦ The Court finds that there is no proof of victimization and declines to grant the injunction sought.
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David Kimanzi v Security Alert Services Limited [2020] KEELRC 247 (KLR)
✦ The Claimant's claim for unpaid terminal benefits is allowed, and the Respondent is ordered to pay Kshs. 21,500.
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Rashid Khamis Mwinyi v Seneca Enterprises Limited [2020] KEELRC 256 (KLR)
✦ The Court declared termination unfair and ordered the Respondent to pay the Claimant 12 months' salary in compensation for unfair termination (Kshs. 360,000) and notice payment (Kshs. 30,000).
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Abraham Karumi Gichuki v Mastermind Tobacco (K) Limited [2020] KEELRC 40 (KLR)
✦ Claimant is only entitled to Kshs. 9,900 for the unpaid June 2014 house allowance.
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Victoria Muthoki Muia v Makupa Transit Shade Limited & Boss Freight Terminal CFS Limited (Cause 4 of 2020) [2020] KEELRC 265 (KLR) (6 November 2020) (Ruling)
✦ The Court finds that the Claimant's claim against the second Respondent discloses no reasonable cause of action and declines the application.
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Banking, Insurance And Finance Union v Middle East Bank (K) Limited [2020] KEELRC 154 (KLR)
✦ The Court issued interim ex-parte orders restraining the Respondent from terminating Mr. David Onamu's employment due to performance management program until the hearing and determination of the application inter-partes. The Court also ordered the Respondent to stop conducting unfair and skewed performance management appraisals on unionisable employees. The Court ordered the payment of a disturbance allowance to Mr. David Onamu.
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Catherine Wawira Ndwiga v Board of Trustees, Starehe Girls’ Centre (Cause 705 of 2016) [2020] KEELRC 264 (KLR) (Employment and Labour) (6 November 2020) (Judgment)
✦ The claimant's termination was found to be unlawful and unfair due to the lack of a fair hearing and consideration of her explanation.
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Angalia v Frodak Kenya Limited (Cause 41 of 2018) [2020] KEELRC 1939 (KLR) (6 November 2020) (Ruling)
✦ The application is dismissed with costs as the applicant is dishonest and has suppressed material facts.
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Anita Nzisa Kivulu v Cancer Care Kenya Limited [2020] KEELRC 257 (KLR)
✦ termination was unfair, claimant awarded compensation and other remedies