Kenyan case law
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Fredrick Mwangi Chege v Kigless Limited [2016] KEELRC 528 (KLR)
✦ The claimant's employment was unlawfully declared redundancy due to the lack of written notice of redundancy. The claimant is awarded one month salary in lieu of notice and 11.66 days of leave, but the claim for gratuity and penalty is dismissed.
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Samuel Mutunga Munyao v Philemeon Mweu Ngewa t/a Coconut Auctioneers And Jongeto Enterprises [2016] KEELRC 801 (KLR)
✦ The Court orders the Respondent to pay the Claimant annual leave pay of Kshs. 75,923 and salary for 16 days worked at Kshs. 14,461, totaling Kshs. 90,384.
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Samuel Munyua Mwangi v K.H.E Nanyuki Farm Limited [2016] KEELRC 966 (KLR)
✦ The claimant's memorandum of claim is hereby dismissed with costs.
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Francis Oyatsi v Nzoia Sugar Company Limited [2016] KEELRC 917 (KLR)
✦ The Respondent's application for stay of execution pending appeal is allowed, and the bank guarantee is to continue as security for the stay.
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Francis Kariuki Gatu v Teachers Service Commission [2016] KEELRC 1816 (KLR)
✦ The application is dismissed with costs
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Sammy Walter Birya v Shree Swaminarayan Academy [2016] KEELRC 982 (KLR)
✦ Termination was unfair, and the Respondent must pay the Claimant 12 months' salary in compensation for unfair termination at Kshs. 525,960.
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Francis Mwina Kimatu v General Industries Limited [2016] KEELRC 802 (KLR)
✦ The application is allowed and the judgment is set aside on condition that the entire decretal sum is deposited in an interest-earning account within 30 days.
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Geoffrey Costa Salim v Equity Bank Limited [2016] KEELRC 656 (KLR)
✦ The claim is struck out as it was filed more than 3 years after the termination date
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Eugine Linyulu Isalambo v Barbro Ekvall [2016] KEELRC 909 (KLR)
✦ The court finds that the Respondent/Applicant does not enjoy diplomatic immunity and that the suit is not an abuse of the court process.
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Veronica Wangui Nderitu v Jikaze Traders Sacco Society Ltd [2016] KEELRC 1017 (KLR)
✦ The termination was unfair for want of due process and a valid reason. The claimant is awarded Kshs. 132, 000.00 being 12 months' gross salaries.
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Jackson Kivilu v Alba Petroleum Ltd [2016] KEELRC 1616 (KLR)
✦ There is no appeal pending against the judgment of this Court dated 14.9.2015, and the Motion for stay of execution is dismissed.
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Evans Achimba v Wananchi Clothing Factory Ltd [2016] KEELRC 1805 (KLR)
✦ The preliminary objection is not well taken, and the claim is allowed.
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Harrison Musoga Obimbo v Kenya Power & Lighting Company Limited [2016] KEELRC 83 (KLR)
✦ The dismissal was unfair and unjustified as it did not follow due process and remove Claimant from the payroll without proper reasons.
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Esther Omariba v Marie Stopes Kenya Limited [2016] KEELRC 988 (KLR)
✦ The dismissal was unfair and unjustified, and due process was not followed.
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Florence Arinji Khalakai v Eastern Produce Kenya Limited [2016] KEELRC 1141 (KLR)
✦ The termination was found to be lawful and procedurally fair, and the claimant is not entitled to compensation or a certificate of service.
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Teddy Mutuku Kisoi v Kenya Wildlife Service [2016] KEELRC 1398 (KLR)
✦ Stay of execution granted subject to Respondent depositing decretal sum in joint account within 30 days
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Florence Kivinza Najoli v Latiffa Said Khalifa [2016] KEELRC 1611 (KLR)
✦ Termination was unfair, and the Respondent is ordered to pay the Claimant 6 months' salary in compensation (Kshs. 30,000), notice pay (Kshs. 5,000), 16 days' worked pay (Kshs. 3,076), and underpayment (Kshs. 48,000).
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Fadhil Juma Kisua v Kenya Ports Authority [2016] KEELRC 1079 (KLR)
✦ The dismissal was found to be unfair and wrongful, and the Claimant was awarded kshs. 108,000 and refund of his pension contribution if any, plus half costs of the suit and interest.
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Peter Gitahi v Kenya Nut Company Ltd [2016] KEELRC 868 (KLR)
✦ The dismissal was procedurally fair, but substantively unfair due to theft of meat from the slaughterhouse.
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Francis Mwaura Gitau v Nyala Tea Estate Limited [2016] KEELRC 1693 (KLR)
✦ The Claimant's claim is dismissed with no order for costs.
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Geoffrey Rono v Nakuru County AP Commander & 2 others [2016] KEELRC 706 (KLR)
✦ The Court stayed the judgment to be delivered on 18th March 2016 and allowed the suit to proceed for the determination of the urgency certificate.
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Gabriel Smith Otieno Awiti v Homabay County Assembly & another [2016] KEELRC 465 (KLR)
✦ Petitioner's petition is dismissed as he failed to prove infringement of rights and remedies are not granted.
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Hosea Sitienei v University of Eldoret & another [2016] KEELRC 1275 (KLR)
✦ The Petition is dismissed with an order that each party bears its own costs.
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George Kiroga Kaniaru v Caroline Cherono t/a Chocho Houpour Restaurant [2016] KEELRC 1866 (KLR)
✦ Claimant is awarded notice pay, service gratuity, refund of unremitted NHIF dues, house allowance, overtime pay, compensation, and a certificate of service.
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Ezra Nyamweya Motari v Kanini Haraka Enterprises Ltd [2016] KEELRC 342 (KLR)
✦ The Court awards the Claimant the sum of Kshs 25,560/- for underpayment, in addition to other reliefs.