Kenyan case law
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Kitui Flour Mills Limited v Abdulla (Appeal E097 of 2024) [2024] KEELRC 13572 (KLR) (17 December 2024) (Judgment)
✦ The burden of proof for unfair termination shifts from the employee to the employer. The respondent must first demonstrate prima facie that an unfair termination occurred, then the employer must prove the reasons for termination were valid.
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Owuora v Shiva Mombasa Limited (Appeal E058 of 2024) [2024] KEELRC 13452 (KLR) (17 December 2024) (Judgment)
✦ The court finds that the learned magistrate erred in law and fact by not awarding the claimant all the remedies sought/prayed as against evidence presented before the court.
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Obita v Teachers Service Commission & 7 others (Cause E053 of 2024) [2024] KEELRC 13417 (KLR) (17 December 2024) (Ruling)
✦ The Court dismissed the 5th Respondent's Notice of Preliminary Objection as it was not signed and the Claimant argued that the document was not signed.
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Wagon Loading Services Limited v Shikuku (Appeal E165 of 2024) [2024] KEELRC 13418 (KLR) (16 December 2024) (Ruling)
✦ Pending the hearing and determination of the appeal, the court orders Immediate Auctioneers to produce Tractor Registration No. KTCB 014Q to the court and restrains the National and Safety Authority (NTSA) from transferring the tractor to any third party.
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Ojwang’ v African Nazarene University; Council of Legal Education & another (Interested Parties) (Petition E200 of 2022) [2024] KEELRC 13441 (KLR) (16 December 2024) (Judgment)
✦ The court found that the Respondent failed to constitute the Committee which evaluated the Petitioner's application in accordance with its Faculty Progression Policy.
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Nthenya v Rafiki Microfinance Bank Limited (Cause E620 of 2019) [2024] KEELRC 13430 (KLR) (16 December 2024) (Judgment)
✦ The Respondent had a valid reason to terminate the Claimant's contract of service due to alleged misconduct.
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St John’s Hospital Limited v Irungu (Civil Appeal E058 of 2020) [2024] KEELRC 13437 (KLR) (16 December 2024) (Judgment)
✦ The court found that the Appellant had paid the Respondent salary in lieu of notice, and thus the Respondent was no longer entitled to this relief. The court also found that the Appellant had not demonstrated that the Respondent was an active member of the NSSF scheme, and thus ordered the Appellant to pay the Respondent service pay.
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Kulati v Music Copyright Society Ltd (Cause E113 of 2022) [2024] KEELRC 13440 (KLR) (16 December 2024) (Judgment)
✦ The court found that the Respondent had a substantive justification for terminating the Claimant's contract and observed fair procedure.
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Gatere v Teachers’ Service Commission & another (Employment and Labour Relations Petition E134 of 2021) [2024] KEELRC 13432 (KLR) (16 December 2024) (Judgment)
✦ The court finds that the Petitioner's case against the Respondents is without merit and dismisses the matter with costs to the Respondents.
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Ochola v Siaya County Public Service Board (Petition E014 of 2024) [2024] KEELRC 13428 (KLR) (16 December 2024) (Ruling)
✦ The court finds the Respondent's application sub-judice and dismisses the preliminary objection with costs.
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Chakaya v Meat Magic Enterprises Limited (Appeal E036 of 2024) [2024] KEELRC 13451 (KLR) (16 December 2024) (Judgment)
✦ The appeal is upheld, and the judgment is set aside. The claim for terminal dues, including service pay, unpaid leave, public holidays, and salary arrears, is granted.
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Resort v Tsui (Appeal E067 of 2024) [2024] KEELRC 13420 (KLR) (16 December 2024) (Judgment)
✦ The termination of employment was unfair and procedurally incorrect, and the respondent is not entitled to the claimed terminal dues and benefits.
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Alusa v Mobile Consultation Association Ltd t/a Tibu Health (Cause E394 of 2023) [2024] KEELRC 13438 (KLR) (16 December 2024) (Ruling)
✦ The court retains jurisdiction over disputes arising from the contract and the matter is not suitable for arbitration.
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Nagi v Rhombus Construction Company Limited (Cause E347 of 2024) [2024] KEELRC 13424 (KLR) (16 December 2024) (Judgment)
✦ The court finds the claim undisputed and awards the Claimant Ksh. 596,773.80 in salary arrears.
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Muchunu v NRS Sacco Society Ltd (Cause E422 of 2021) [2024] KEELRC 13443 (KLR) (16 December 2024) (Judgment)
✦ Claimant was unfairly dismissed and denied a chance to defend herself.
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Kipkoech v Huawei Technologies (Kenya) & 2 others (Cause E553 of 2021) [2024] KEELRC 13423 (KLR) (16 December 2024) (Ruling)
✦ The application to strike out the Respondents' electronic records is dismissed with costs to the Claimant.
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Kiema v Ming Tribe International Group Limited (Employment and Labour Relations Petition E006 of 2022) [2024] KEELRC 13433 (KLR) (16 December 2024) (Judgment)
✦ The court finds that the parties had an employment relationship, and the Petitioner's claim that the Respondent exploited his labour to procure and sell creative content to third parties without his consent is not supported by the evidence.
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Kalu Works Limited v Mnalo (Appeal E158 of 2024) [2024] KEELRC 13419 (KLR) (16 December 2024) (Judgment)
✦ The appeal is upheld, and the learned magistrate's judgment is set aside. The respondent is not entitled to notice pay, severance pay, or compensation.
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Obonyo v Kenya Union of Post Primary Education Teachers Service (Cause 291 of 2014) [2024] KEELRC 13415 (KLR) (16 December 2024) (Judgment)
✦ The Claimant was employed by the Respondent, and the Respondent owes him Kshs. 207,131/- in salary arrears. The Respondent is ordered to pay Kshs. 30,000/- in costs and Kshs. 207,131/- in salary arrears, with interest at 14% per annum from the date of filing suit till payment in full. If the Respondent fails to pay within 30 days, the Claimant is entitled to interest on the arrears.
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Oigo v Profica Projects Limited (Kenya (Cause E365 of 2022) [2024] KEELRC 13431 (KLR) (16 December 2024) (Judgment)
✦ The Respondent had a substantive reason to justify its decision to summarily terminate the Claimant's contract due to the Claimant's dereliction of duty.
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Zamzam Wholesalers Limited v Otieno (Appeal E152 of 2024) [2024] KEELRC 13453 (KLR) (16 December 2024) (Judgment)
✦ The appeal is dismissed with costs.
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Wanjala & another v Agencies (Miscellaneous Application E089 & E090 of 2024 (Consolidated)) [2024] KEELRC 13455 (KLR) (16 December 2024) (Ruling)
✦ The application is dismissed with costs to the respondent
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Kenya Chemical Workers Union v Foam Mattress Limited (Cause E023 of 2024) [2024] KEELRC 13434 (KLR) (16 December 2024) (Judgment)
✦ The court found that the grievants were not members of the CWI union and that their employment was terminated by FML, not retirement. Therefore, the grievants are not entitled to gratuity.
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Nyaga v Langfields Systems Limited & another (Employment and Labour Relations Cause 262 of 2017) [2024] KEELRC 13514 (KLR) (13 December 2024) (Ruling)
✦ The court should extend time to file the amended Statement of Claim out of time due to the Claimant/Applicant's misunderstanding and lost phone, despite the Respondent's argument of lack of interest and non-compliance.
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Kenya Plantation & Agricultural Workers Union v Bilashaka Flowers Limited (Cause E028 of 2022) [2024] KEELRC 13422 (KLR) (13 December 2024) (Judgment)
✦ The dismissal was wrongful, unfair, and unlawful.