Kenyan case law
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Patrick Mwanza Lukoko v Public Service Commission [2021] KEELRC 2254 (KLR)
✦ The Court declares the Claimant is still technically an employee of the Public Service Commission and orders the PSC to resolve his employment status within 45 days. The Claimant is deemed on interdiction on half salary from 15 April 2016.
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Roseline Ohanya v Emergency Plus Medical Services [2021] KEELRC 2265 (KLR)
✦ The Court dismissed the motion for review and found that the Claimant did not meet the test for review as contemplated by Rule 33 of the Employment and Labour Relations Court (Procedure) Rules, 2016.
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Kenya Plantation & Agricultural Workers Union v Unilever Tea (K) Limited [2021] KEELRC 1485 (KLR)
✦ The court finds the termination of employment was unfair and lacks validity. The grievants are entitled to reinstatement, notice pay, gratuity, and compensation.
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Omullo v National Land Commission (Petition E089 of 2020) [2021] KEELRC 2414 (KLR) (27 January 2021) (Ruling)
✦ The Petition is sub judice and lacks jurisdiction
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Kenya Plantation & Agricultural Workers Union v Unilever Tea (K) Limited [2021] KEELRC 1500 (KLR)
✦ The summary dismissal of the grievant is hereby found unfair.
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SWM v Hardware Trading Store Limited & another [2021] KEELRC 1423 (KLR)
✦ Sexual harassment of the claimant by the respondents is found to be a violation of her constitutional and statutory rights. Damages of Ksh.50,000 are awarded.
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Kenya Plantation & Agricultural Workers Union v Unilever Tea (K) Limited [2021] KEELRC 1479 (KLR)
✦ The dismissal was justified as the employer had genuine grounds to suspect gross misconduct. The claimant is not entitled to reinstatement, gratuity, or salary arrears.
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Kepha Nyamweya Mokaya v Nyamira Tea Farmers Savings and Credit Co-operatie Society Limited [2021] KEELRC 1437 (KLR)
✦ The application is dismissed without merit.
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Richard Clifford O Awino v United Millers Limited [2021] KEELRC 1445 (KLR)
✦ The termination was fair, but the claimant is entitled to Ksh.97,840 in unpaid terminal dues.
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Kenya Union of Sugar Plantation and Allied Workers v Busia Sugar Industry Ltd [2021] KEELRC 2273 (KLR)
✦ The Court vacates all previous orders and directs the main suit to proceed on the merits.
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Dorothy Owino v County Assembly of Siaya & 2 others [2021] KEELRC 2257 (KLR)
✦ The Court found that the County Assembly failed to comply with its own Standing Orders, which provided additional protections for the Petitioner. The removal process was unconstitutional and violated the Petitioner's constitutional rights.
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Catherine Kamau & 9 others v Speaker of the County Assemley of Nakuru Clerk Nakuru County Asembly & another [2021] KEELRC 1474 (KLR)
✦ The court lacks jurisdiction due to the petitioners not being in a relationship with the respondents as contemplated under Section 12 of the Employment and Labour Relations Court Act, 2011 or the preamble thereof as read together with Article 162(2) of the Constitution, 2010.
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Caleb Kipkorir Cheruiyot v Kaisugu Tea Limited [2021] KEELRC 1497 (KLR)
✦ The claimant's termination was justified under section 44(4)(a) of the Employment Act due to his absence from work without permission.
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Alfred Mumpasoi Keriolale v Narok County Government & another [2021] KEELRC 1495 (KLR)
✦ The claimant is not entitled to payment of gratuity as his position is not a state office under Article 260 of the Constitution, 2010.
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Fredrick Ouma Jowi & another v Board of Directors, Anti-Counterfeit Authority; Ethics and Anti-Corruption Commission & 2 others (Interested Parties) [2021] KEELRC 1606 (KLR)
✦ The Petitioners' motion is so devoid of merit that it must suffer the only outcome it must – dismissal with costs to the Respondent and the 1st and 2nd Interested Parties.
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Jubilee Jumbo Hardware Ltd v Rogaciana Rading Ogwang [2021] KEELRC 2283 (KLR)
✦ The Court finds no error of law or fact on the part of the trial court and dismisses the appeal with costs.
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Edna Semiti v Intex Construction Ltd (Cause 1349 of 2016) [2021] KEELRC 1451 (KLR) (Employment and Labour) (26 January 2021) (Ruling)
✦ Application for review is dismissed
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Charles Gomba t/a Charles Gomba & Co. Advocates v Festus Mwanja [2021] KEELRC 1428 (KLR)
✦ The application is allowed, and the respondent is ordered to pay the applicant Ksh.139,738.00 plus 14% interest per annum from 20th July, 2020.
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Duncan Mwangi & 5 others v Kenya Petroleum Oil Workers Union [2021] KEELRC 1592 (KLR)
✦ Petitioners are granted a window to regularize their membership by paying the joining fee and monthly subscription.
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Joseph Ayora Omwena v Multiscope Consulting Engineering Limited [2021] KEELRC 2251 (KLR)
✦ Claimant is entitled to compensation for unfair redundancy and payment of his terminal dues.
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Obuya Bagaka v Kenya School of Government [2021] KEELRC 2271 (KLR)
✦ Petitioner's dismissal was unfair and unjustified.
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Muia v Board of Directors, Anti-Counterfeit Authority; Ethics and Anti-Corruption Commission & 2 others (Interested Parties) (Petition E092 of 2020) [2021] KEELRC 2433 (KLR) (26 January 2021) (Ruling)
✦ The court orders an interim stay of the Respondent's decision to appoint Fridah Kaberia as the Acting Executive Director of the Anti-Counterfeit Authority pending the hearing and determination of the Petition.
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Kenya Union Of Commercial Food & Allied Workers v Generation Electronic Allied Limited [2021] KEELRC 2109 (KLR)
✦ Application dismissed with costs to the Claimant
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Kenya Union of Commercial Food & Allied Workers v Kahuti Water & Sanitation Co. Limited [2021] KEELRC 2116 (KLR)
✦ The court reviews and modifies the earlier judgment, increasing the general wage increase to 10% for the first year and 5.2% for the second year, and sets the duration of the Collective Bargaining Agreement (CBA) to 2 years with the effective date being the date of registration.
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Johnson Otieno Adera v Executive Director Anti-Counterfeit Authority & 2 others [2021] KEELRC 1569 (KLR)
✦ Interim injunction granted for 14 days against the interdiction letter of November 20, 2020