Kenyan case law
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Odera v Garda World Kenya Limited (Cause 2437 of 2017) [2022] KEELRC 1678 (KLR) (6 June 2022) (Ruling)
✦ The court orders the applicant to raise the preliminary objection during the hearing of the main suit
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Muia v Mzoori Limited (Cause 2250 of 2015) [2022] KEELRC 12715 (KLR) (6 June 2022) (Ruling)
✦ Application found with merit, CEO and shareholders ordered to attend court and produce relevant documents
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Indeche v Savannah Printers Limited (Cause 262 of 2018) [2022] KEELRC 4050 (KLR) (6 June 2022) (Judgment)
✦ The claims are found without merit, except for notice pay, which is Ksh 10,466.15.
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Parteyie v East African Portland Cement PLC (Cause 574 of 2019) [2022] KEELRC 4056 (KLR) (6 June 2022) (Judgment)
✦ The termination of the claimant's employment was unfair, and the respondent is liable for underpayments and other benefits under the CBA.
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Mugambi v Chief of Kenya Defence Forces & 2 others (Petition E019 of 2020) [2022] KEELRC 1561 (KLR) (2 June 2022) (Judgment)
✦ The Court finds that the Petitioner was not provided with the Abstract of Evidence as required by the Kenya Defence Forces Act, and thus violated his right to a fair hearing.
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Ochieng v Manco Limited (Cause E028 of 2022) [2022] KEELRC 1565 (KLR) (2 June 2022) (Ruling)
✦ The applicant is entitled to the assessment and the respondent must pay the decretal amount by August 1, 2022.
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Muinde v Libya Oil Kenya Limited (Cause 78 of 2016) [2022] KEELRC 1589 (KLR) (2 June 2022) (Ruling)
✦ The court has discretion to set aside a judgment for any sufficient reason and has discretion to reinstate a suit.
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Murere v Brinks Security Services Ltd (Cause 187 of 2016) [2022] KEELRC 1563 (KLR) (2 June 2022) (Judgment)
✦ The claimant's termination was not unfair, and the release certificate is valid.
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Kenya Union of Commercial Food and Allied Workers v Almasi Beverage Limited (Cause 87 of 2016) [2022] KEELRC 1481 (KLR) (2 June 2022) (Ruling)
✦ The application for stay pending appeal is denied
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Msanzu v Kenya Ports Authority (Cause 662 of 2020) [2022] KEELRC 1492 (KLR) (2 June 2022) (Judgment)
✦ The court declares the claimant's retirement as premature, unfair, illegal, and unprocedural. The claimant is awarded eleven months' salary, two months' salary in lieu of notice, unpaid salary for part of September 2019, October, November, and December 2019, and January 2020, and outstanding leave allowance for 2019.
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Amwayi v Nairobi Golf hotels (Kenya) Ltd (a.k.a Windsor Golf Hotel Country Club) (Cause E880 of 2021) [2022] KEELRC 1586 (KLR) (2 June 2022) (Ruling)
✦ The court ordered the respondent to pay ABSA Bank Kenya Ltd on behalf of the claimant the amount of Kshs. 117,888/- deducted from the claimant's pay slip from April 2020 to date. The court also ordered a temporary stay of the summary dismissal of the claimant.
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Kamande v Menengai Oil Refeneries Limited (Cause 140 of 2015) [2022] KEELRC 1564 (KLR) (2 June 2022) (Judgment)
✦ The Court finds the termination of the Claimant unfair and unjustified.
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Okelo v Car & General Limited (Cause 1941 of 2017) [2022] KEELRC 1584 (KLR) (2 June 2022) (Judgment)
✦ The court held that the applicant's termination was wrongful and that the terminal dues were not paid to the applicant.
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Nbogho v National Water Conservation & Pipeline Corporation (Cause 878 of 2013) [2022] KEELRC 1582 (KLR) (2 June 2022) (Ruling)
✦ The judgment is dismissed as res judicata and functus officio, and the amount is corrected to Kshs. 793,161.
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Mwakuyu & 12 others v Taita Taveta County Government & another (Cause 11 of 2019) [2022] KEELRC 1493 (KLR) (2 June 2022) (Ruling)
✦ The suit will not be dismissed for want of prosecution, but the Claimants must prosecute the suit within 12 months.
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Akomo v Light and Life Broadcasting Station (Cause 36 of 2018) [2022] KEELRC 1478 (KLR) (2 June 2022) (Ruling)
✦ The order dismissing the suit for want of prosecution is set aside and the application is allowed with no order as to costs.
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Malinga v National Government Constituencies Development Fund Board (Cause 1212 of 2016) [2022] KEELRC 1593 (KLR) (2 June 2022) (Ruling)
✦ The court denied the application for substitution.
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Kenya Council of Employment and Migrations Agencies v Kenya Literature of Bureau & 3 others; Baya & 2 others (Interested Parties) (Petition 35 of 2016) [2022] KEELRC 1556 (KLR) (2 June 2022) (Ruling)
✦ The application is an abuse of court process and a waste of valuable court's time. The same is dismissed with costs to the applicants.
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Moancha v Vision Point Sacco Ltd (Cause 56 of 2019) [2022] KEELRC 1526 (KLR) (2 June 2022) (Ruling)
✦ The court allows the application to set aside the dismissal of the suit and orders costs to the Respondent
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Amalgamated Union of Kenya Metal Workers v Shankar Electronics Limited (Cause 663 of 2020) [2022] KEELRC 1592 (KLR) (2 June 2022) (Ruling)
✦ The Court dismissed the respondent's application to strike out the amended statement of claim and costs were awarded to the claimant.
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Oimeke v Kenya Power & Lighting Company Limited (Cause E079 of 2021) [2022] KEELRC 1588 (KLR) (2 June 2022) (Judgment)
✦ Claimant is awarded a declaration of unfair dismissal, reinstatement with benefits, and maximum compensation for unfair dismissal. Counterclaim dismissed.
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Ouma v Cempack Solutions Limited & another (Cause 46 of 2016) [2022] KEELRC 1591 (KLR) (2 June 2022) (Ruling)
✦ The court finds the claim not statute barred and orders the parties to proceed to hearing to determine the claimant's employment status and termination.
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Buluma v Kenya Methodist University (Employment and Labour Relations Claim 284 of 2018) [2022] KEELRC 1562 (KLR) (2 June 2022) (Ruling)
✦ The application is dismissed with costs to the Claimant.
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Migiro & 12 others v Attorney General; Omanga (Proposed Appellant); Muthaura (Proposed Interested Party) (Petition E002 of 2021) [2022] KEELRC 1560 (KLR) (2 June 2022) (Ruling)
✦ The preliminary objections are allowed and the applications are dismissed.
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Atelo v Valentines Education Limited (Cause 760 of 2017) [2022] KEELRC 1491 (KLR) (2 June 2022) (Ruling)
✦ Suit will be mentioned for hearing on June 9, 2022