Kenyan case law
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Kunga v Catholic University of Eastern Africa (Cause 40 of 2020) [2022] KEELRC 13418 (KLR) (7 December 2022) (Judgment)
✦ The court finds the respondent in breach of contract for non-payment of salaries and enters judgment for the claimant in the sum of Kshs 756,763/- together with interest from 22 June 2020.
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Amumbu v Watchdog Alert Limited (Cause 2468 of 2017) [2022] KEELRC 13504 (KLR) (7 December 2022) (Judgment)
✦ The claimant was not unfairly terminated and is not entitled to the reliefs sought.
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Muda v Seed of Orphanage (Cause 4 of 2019) [2022] KEELRC 13442 (KLR) (7 December 2022) (Judgment)
✦ The claimant's claim is dismissed without merit.
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Lalang v Transnational Bank Ltd (Cause 331 of 2017) [2022] KEELRC 13456 (KLR) (7 December 2022) (Judgment)
✦ The court finds the termination to be fair, legal, and procedurally correct.
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Kenya Engineering Workers Union v Kenya Marine Contractors (EPZ) Ltd (CBA E107 of 2022) [2022] KEELRC 13444 (KLR) (7 December 2022) (Ruling)
✦ The CBA is not registered as it conflicts with the Labour Relations Act and the judgement in ELRC Cause No 152 of 2012, and there was no simple majority of unionisable employees before the judgement.
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Bare & 2 others v County Public Service Board & 3 others (Petition E203 of 2022) [2022] KEELRC 13405 (KLR) (7 December 2022) (Ruling)
✦ The petitioners' application for review and deconsolidation of the petitions is declined.
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Libechi & another v Robinson Investment Limited (Cause 119 of 2018) [2022] KEELRC 13427 (KLR) (6 December 2022) (Judgment)
✦ The termination of employment is declared unfair and unjustified, and the claimant is awarded compensation.
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Kariuki v Ann Wanjiku Kahwae t/a Mother’s Kitchen Café (Cause 151 of 2015) [2022] KEELRC 13408 (KLR) (6 December 2022) (Judgment)
✦ Claimant is entitled to underpayment, leave, and compensation for unfair treatment.
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Wallington v Uplands Crops Limited (Cause 518 of 2014) [2022] KEELRC 13428 (KLR) (6 December 2022) (Judgment)
✦ The termination of the Claimant was found to be unfair and unjustified.
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Uwanamo v Maxiguard Equities Limited (Employment and Labour Relations Cause 303 of 2014) [2022] KEELRC 13429 (KLR) (6 December 2022) (Judgment)
✦ The termination of the Claimant was unfair and unjustified.
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Kenya Union of Domestic Hotels, Educational Institutions, Hospitals & Allied Workers (KUDHEIHA) & 35 others v Nairobi Club (Trade Dispute 77 (N) of 2009) [2022] KEELRC 13384 (KLR) (6 December 2022) (Ruling)
✦ The Applicants' Notice of Motion is dismissed with costs as it is incompetent and an abuse of court process.
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Amenya v Urysia Limited (Employment and Labour Relations Cause 964 of 2016) [2022] KEELRC 13391 (KLR) (6 December 2022) (Judgment)
✦ The court found that the Claimant did not desert duty but rather requested leave, and the Respondent did not take any steps to enforce his return.
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Kwemboi v MGS International Kenya (Cause 285 of 2016) [2022] KEELRC 13404 (KLR) (6 December 2022) (Judgment)
✦ The termination of the Claimant was unfair and unjust
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Nyayucha v For You Clothing Limited (Employment and Labour Relations Cause 117 of 2017) [2022] KEELRC 13419 (KLR) (6 December 2022) (Judgment)
✦ The dismissal of the claimant was unfair and unjustified.
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Tirop v Menengai Oil Refineries Ltd (Cause 251 of 2015) [2022] KEELRC 13406 (KLR) (6 December 2022) (Judgment)
✦ Termination was unfair and unjustified
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Silibwa v Constructions Company Limited (Cause 2178 of 2017) [2022] KEELRC 13398 (KLR) (6 December 2022) (Ruling)
✦ The court finds that the delay in obtaining a hearing date was prolonged but not inordinate, and justice can still be done despite the delays.
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Republic v Kenyatta University (Cause E014 of 2022) [2022] KEELRC 13468 (KLR) (6 December 2022) (Judgment)
✦ The court finds the doctrine of estopped applicable, and the university's bond letter was not clear, leading to the decision to quash the university's decision.
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Andeche v Machari & another (t/a Double Delight Restaurant and Supermarket) (Cause 474 of 2016) [2022] KEELRC 13399 (KLR) (6 December 2022) (Judgment)
✦ The claimant's termination was unfair and unjustified under section 45(2) of the Employment Act 2007
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Mwarania v Sterlite Technologies Limited & another (Cause 25 of 2020) [2022] KEELRC 13409 (KLR) (6 December 2022) (Judgment)
✦ The court finds in favor of the claimant and awards him 1 month's salary in lieu of notice, half pay withheld for April 2020, unpaid salary for May 2020, 6 months' salary as compensation for unfair and unlawful termination, prorata leave for 9 months, and reimbursement for pending claims. The claimant is also issued with a certificate of service.
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Wandor v Riley Falcon Security Services Ltd (Cause 497 of 2017) [2022] KEELRC 13411 (KLR) (6 December 2022) (Judgment)
✦ The termination was unfair and unlawful
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Katima v Clerk, Nairobi City County Assembly & 2 others; Situma & 5 others (Proposed Respondents) (Employment and Labour Relations Petition E169 of 2021) [2022] KEELRC 13383 (KLR) (6 December 2022) (Ruling)
✦ The Court set aside the Consent Orders and allowed the Applicants to be joined as Respondents.
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Wango v Tai Savings & Credit Ltd (Cause 1225 of 2018) [2022] KEELRC 13474 (KLR) (6 December 2022) (Judgment)
✦ The court found that the termination was unfair and unlawful, and ordered the respondent to pay severance pay, general damages, and other relief.
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Omondi v National Police Service Commission & 2 others (Employment and Labour Relations Cause 255 of 2017) [2022] KEELRC 13389 (KLR) (6 December 2022) (Judgment)
✦ The Court found the termination unlawful due to lack of proper disciplinary process and the Claimant's refusal to participate in the Orderly Room Proceedings.
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Ojoma v Apple Green Restaurant Limited (Cause 1412 of 2018) [2022] KEELRC 13388 (KLR) (6 December 2022) (Judgment)
✦ The court finds that the claimant's employment was not unfairly or unlawfully terminated.
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Apondo v Kenya National Examination Council (Cause 261 of 2021) [2022] KEELRC 13484 (KLR) (6 December 2022) (Judgment)
✦ The court finds that the termination of the claimant's employment on grounds of retirement in public interest is not justifiable and therefore unlawful.