Kenyan case law
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Akoto v Kenindia Assurance Company Limited (Cause E713 of 2020) [2023] KEELRC 3233 (KLR) (8 December 2023) (Ruling)
✦ The Application for stay of execution is granted on the condition that 50% of the principal amount at Kshs. 5,286,426 shall be paid to the Claimant by the Respondent, through her Advocates, within 14 days, from 8th January 2024. 50% of the principal amount shall be deposited in an interest-earning joint bank account in the names of the Parties’ Advocates within the same period.
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Kiambi v Haco Tiger Brands (EA) Limited (Cause 1059 of 2017) [2023] KEELRC 3399 (KLR) (8 December 2023) (Judgment)
✦ dismiss the Claim in its entirety
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Wachira & another v Global Alliance Africa for Africa (Cause 931 of 2017) [2023] KEELRC 3398 (KLR) (8 December 2023) (Ruling)
✦ The application is dismissed as the suit abated one year after the deceased claimant's death, and no application for extension of time was made.
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Buvusi v Thomas & Piron Limited (Cause 966 of 2018) [2023] KEELRC 3277 (KLR) (8 December 2023) (Ruling)
✦ The court declines the application and orders costs to the respondent.
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Shiamala v Kenya National Private Security Workers Union & another; Kenya National Private Security Workers Union, Nairobi County Branch (Interested Party) (Employment and Labour Relations Cause 1178 of 2018) [2023] KEELRC 3236 (KLR) (8 December 2023) (Judgment)
✦ The court found the dismissal to be irregular, unlawful, and unprocedural, and the 1st Respondent failed to prove a valid reason for the dismissal.
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Ooko v Avacare Kenya Limited (Employment and Labour Relations Cause E787 of 2021) [2023] KEELRC 3282 (KLR) (8 December 2023) (Judgment)
✦ The court holds that the probation period was not extended with the Claimant's knowledge and consent, and the Respondent's unilateral extension of the probation period is in breach of the Employment Act.
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Onduso v Waanzilishi Capital Limited (Cause E048 of 2023) [2023] KEELRC 3406 (KLR) (8 December 2023) (Judgment)
✦ The Court held that the Claimant was not unfairly and unlawfully terminated from employment as his employment relationship ended through his resignation.
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Owenga v Office of the Director ofPublic Prosecutions Advisory BoardThe Office of the Director ofPublic Prosecutions Advisory Board (Petition E028 of 2023) [2023] KEELRC 3348 (KLR) (8 December 2023) (Judgment)
✦ The Petition is not merited and is accordingly dismissed with no orders.
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Abisai v Cabinet Secretary, Ministry of Physical Planning & 3 others (Cause E689 of 2023) [2023] KEELRC 3400 (KLR) (8 December 2023) (Ruling)
✦ The court declines to grant the orders sought in the application and dismisses the application with no orders as to costs.
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Candy Kenya Limited v Shantau & another (Cause E702 of 2023) [2023] KEELRC 3234 (KLR) (8 December 2023) (Ruling)
✦ The Court declines the Claimant's application for lack of jurisdiction due to the existence of an arbitration agreement between the parties.
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Salmin v Taz Technologies Ltd (Employment and Labour Relations Cause E738 of 2022) [2023] KEELRC 3281 (KLR) (8 December 2023) (Ruling)
✦ The court allows the respondent's preliminary objection and directs the parties to exhaust the arbitration process.
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Mbinga v Doshi & Company Limited & another (Cause E419 of 2021) [2023] KEELRC 3231 (KLR) (8 December 2023) (Judgment)
✦ Termination was substantively unfair, and the Respondent is ordered to pay salary arrears and compensation for unfair termination.
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Kibe v Kibo Africa Limited (Cause E107 of 2023) [2023] KEELRC 3322 (KLR) (8 December 2023) (Judgment)
✦ The Claimant's appointment was confirmed by operation of the law upon the lapse of the 90-day probation period. The termination was found to be unfair.
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Odhiambo v Hannjonuts Company Limited (Cause 976 of 2018) [2023] KEELRC 3276 (KLR) (8 December 2023) (Judgment)
✦ Termination was unfair and the claimant is granted compensatory damages equivalent to 3 1/2 months' salary
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Nyamweya v Geothermal Development Company Limited (Cause 202 of 2020) [2023] KEELRC 3327 (KLR) (8 December 2023) (Judgment)
✦ The termination was substantively justifiable and the claimant is entitled to the awarded remedies.
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Mungai v Bullworks Design Factory Limited (Cause E359 of 2020) [2023] KEELRC 3232 (KLR) (8 December 2023) (Judgment)
✦ Claimant is granted compensation for unfair termination equivalent to 2 months' salary, total Kshs. 353,052, and costs to the Claimant.
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Kimanzi v Nairobi City County Assembly Service Board & another (Cause E031 of 2022) [2023] KEELRC 3219 (KLR) (7 December 2023) (Judgment)
✦ The termination was unfair and unlawful, and the claimant was not accorded due process.
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Kamurasi v Absa Bank Kenya PLC & another (Employment and Labour Relations Cause E612 of 2021) [2023] KEELRC 3229 (KLR) (7 December 2023) (Judgment)
✦ The court has jurisdiction to adjudicate on the alleged employment contract between the Claimant and the 2nd Respondent.
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Mutisya v Theuri & another (Petition E070 of 2022) [2023] KEELRC 3302 (KLR) (7 December 2023) (Judgment)
✦ The court determined that the 1st Respondent was improperly joined as a defendant and dismissed the petition against him.
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Wanguru v Safaricom Kenya Limited (Cause 1919 of 2017) [2023] KEELRC 3285 (KLR) (7 December 2023) (Judgment)
✦ The Court found that the Respondent had a valid and fair reason to terminate the Claimant's employment based on his conduct and conducted it in accordance with a fair procedure.
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Mwendwa & another v Hui Yi Company Limited (Cause 362 of 2014) [2023] KEELRC 3256 (KLR) (7 December 2023) (Judgment)
✦ The suit is hereby dismissed with no orders on costs.
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Mbandu & 6 others v County Government of Kakamega & 2 others (Cause E017 of 2023) [2023] KEELRC 3295 (KLR) (7 December 2023) (Ruling)
✦ The court denied the application for a stay of recruitment.
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Gor Mahia FC v Sports Disputes Tribunal & another; Ayisi (Interested Party) (Petition E170 of 2023) [2023] KEELRC 3224 (KLR) (7 December 2023) (Judgment)
✦ The Court finds in favor of the petitioner and orders the impugned Tribunal's decision to be quashed.
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Kimanga v Gusii Mwalimu Sacco Society Ltd (Cause E040 of 2022) [2023] KEELRC 3212 (KLR) (7 December 2023) (Judgment)
✦ The termination was unfair due to procedural deficiencies and lack of just cause.
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Kenya Hotels & Allied Workers Union v Oak Place Hotel; Akolo Wanyanga & Co Advocates (Intended Interested Party) (Cause 394 of 2018) [2023] KEELRC 3251 (KLR) (7 December 2023) (Ruling)
✦ The motion is declined as the Court is functus officio and the Claimant is seeking to re-open a closed matter.