Kenyan case law
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Pinkerton’s Kenya Limited v Chirima (Miscellaneous Application E138 of 2023) [2024] KEELRC 1575 (KLR) (20 June 2024) (Ruling)
✦ The court granted the application for extension of time to file an appeal and issued an order for a stay of execution of the judgment.
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Abdulla v Crown Petrolium (K) Limited (Appeal E016 of 2024) [2024] KEELRC 1565 (KLR) (20 June 2024) (Judgment)
✦ The appeal is dismissed with costs to the respondent
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Bahwan Muslim Academy v Njeri (Appeal E061 of 2024) [2024] KEELRC 1564 (KLR) (20 June 2024) (Ruling)
✦ The application is dismissed as without merit.
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Chobogo v Kenya Ports Authority (Miscellaneous Application E036 of 2024) [2024] KEELRC 1573 (KLR) (20 June 2024) (Ruling)
✦ The court sets aside the award of Ksh.1,790,837.30 and allows the respondent 14 days to file objections based on the applicant's assessment by D. Salim K. Noorani and the payment of Ksh.173,212. The Director will re-assess the award within 30 days.
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Omamo v Unigrain Equipment Limited (Miscellaneous Cause E051 of 2021) [2024] KEELRC 1549 (KLR) (20 June 2024) (Ruling)
✦ The Court adopts the award made by the Director and enters judgment for the applicant for the sum of Kshs. 284,773, with interest and a decree issued.
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Odida v Owano (Appeal E039 of 2022) [2024] KEELRC 1543 (KLR) (20 June 2024) (Judgment)
✦ The Court held that the Respondent was an employee of the Appellant and awarded the Respondent all the prayers in his statement of claim.
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Nyatieno v Vyas Hauliers Limited (Cause 52 of 2018) [2024] KEELRC 1551 (KLR) (20 June 2024) (Ruling)
✦ The Court lifts the corporate veil and imposes personal liability on the directors and shareholders, Laxmishanker Vyas and Deepak Laxmishanker Vyas, and orders warrants of attachment and sale of their personal property.
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Omar t/a Meat Magic Enterprises v Kalu (Appeal E088 of 2024) [2024] KEELRC 1572 (KLR) (20 June 2024) (Ruling)
✦ The appeal is proper, and the appellant shall secure the appeal by a deposit of Ksh.100,000 in a joint interest-earning account held by both parties within the next 30 days.
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Randani v Kenya Ports Authority (Miscellaneous Application E034 of 2024) [2024] KEELRC 1576 (KLR) (20 June 2024) (Ruling)
✦ The court found that the applicant was not injured at the Grainbulk Terminal or while undertaking duties of Inspection, and the report made to the Director was not correct. The inquiry under WIBA is not mechanical and should be undertaken before issuance of the assessment and award of compensation.
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Sweta v County Government of Kakamega & 3 others (Employment and Labour Relations Cause E023 of 2023) [2024] KEELRC 1554 (KLR) (20 June 2024) (Judgment)
✦ The Court holds that the Public Service Commission's decision is res judicata and the Court lacks jurisdiction to consider the merits of the reinstatement order.
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Kenya Union of Domestic, Hotels, Educational Institutions & Hospitals Workers (KUDHEIHA) v Voi Safari Lodge (Cause 656 of 2020) [2024] KEELRC 1545 (KLR) (20 June 2024) (Judgment)
✦ The grievant was born on 27/11/1965 and was entitled to service gratuity of Kshs. 916,154.
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Seafarers Union of Kenya v Ramadhan & 2 others; Registrar Of Trade Union (Interested Party) (Cause E057 of 2023) [2024] KEELRC 1574 (KLR) (20 June 2024) (Ruling)
✦ The application to amend pleadings is dismissed as the applicant does not demonstrate inherent interests to be gone into by the amendment and the application is devoid of any merit.
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Romollas Limtied v Mwashuma (Appeal E137 of 2023) [2024] KEELRC 1550 (KLR) (20 June 2024) (Ruling)
✦ The appeal is dismissed with costs, and the applications are dismissed with costs.
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Nyamwaro v County Government of Nyamira (Appeal E041 of 2023) [2024] KEELRC 1535 (KLR) (19 June 2024) (Judgment)
✦ The Appellant was unfairly dismissed and awarded compensation and pay in lieu of notice.
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Republic v Migori County Government, Office of the County Public Service Board; Omondi (Exparte Applicant); County Government of Migori & 5 others (Interested Parties) (Judicial Review E003 of 2024) [2024] KEELRC 1505 (KLR) (19 June 2024) (Judgment)
✦ The Court has jurisdiction to entertain the matter and the Ex-parte Applicant has the requisite locus to institute these proceedings.
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Nzioki v Polytanks & Containers Kenya Limited (Cause E793 of 2022) [2024] KEELRC 1510 (KLR) (14 June 2024) (Judgment)
✦ Termination of Claimant's contract was unfair and unlawful
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Nyakwara v Trivitron Healthcare Africa [Kenya] Limited (Cause E493 of 2023) [2024] KEELRC 1460 (KLR) (14 June 2024) (Ruling)
✦ The Court declines the claim for want of jurisdiction
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Muthoka v New Kenya Co-operative Creameries Limited (Cause E004 of 2024) [2024] KEELRC 1456 (KLR) (14 June 2024) (Ruling)
✦ The Court dismisses the application and sets aside the interlocutory orders, ordering the Claimant to prosecute the main claim.
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Theuri v Integrated Payment Services Limited (Cause 2220 of 2017) [2024] KEELRC 1506 (KLR) (14 June 2024) (Judgment)
✦ The termination was fair and lawful, and the order of injunction was not necessary.
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Mbindyo v China Communication Construction Limited (Miscellaneous Application E257 of 2023) [2024] KEELRC 1449 (KLR) (14 June 2024) (Ruling)
✦ The Miscellaneous Application is declined for want of jurisdiction.
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Ipomai v Sanlam Kenya Limited (Cause 263 of 2018) [2024] KEELRC 1521 (KLR) (14 June 2024) (Ruling)
✦ The Court allows the Claimant to exhibit all documents except the draft legal opinion, finding them relevant to the dispute.
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Kaumbi v Tegla Loroupe Peace Fondation & another (Cause E246 of 2021) [2024] KEELRC 1458 (KLR) (14 June 2024) (Ruling)
✦ The PO is declined as there is prima facie evidence that the Respondents employed the Claimant and have been properly sued.
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Nzoka v Kenya County Government Workers Union (Cause E046 of 2023) [2024] KEELRC 1439 (KLR) (14 June 2024) (Judgment)
✦ The Respondent is ordered to pay the Claimant the balance of Kshs. 7,100,660 in gratuity.
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Miseda v Today Online Limited & 2 others; Standard Chartered Bank Limited (Garnishee) (Cause 704 of 2010) [2024] KEELRC 1522 (KLR) (14 June 2024) (Ruling)
✦ The garnishee order nisi is made absolute, and the proceedings are not stayed pending an appeal.
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Onyango v Sunny Haulier Limited (Cause 1243 of 2016) [2024] KEELRC 1445 (KLR) (14 June 2024) (Judgment)
✦ The contract was terminated for a valid reason but flawed procedure, making it unfair. The Respondent is ordered to pay the Claimant equivalent of 2 months' salary in compensation for unfair termination.