Kenyan case law
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Njihia v Mathare Youth Sports Association & another (Cause 1048 of 2018) [2024] KEELRC 1435 (KLR) (14 June 2024) (Judgment)
✦ Termination of the Claimant's contract was unfair, unlawful, and in violation of his Article 41 rights and the Employment Act, 2007. The Respondents are ordered to pay the Claimant 1-month salary in lieu of notice, equivalent of 2 months' gross salary in compensation for unfair termination, damages for violation of constitutional rights, and 24 days of annual leave.
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Tolle v Hass Petroleum (K) Limited (Cause 530 of 2018) [2024] KEELRC 1502 (KLR) (14 June 2024) (Judgment)
✦ The termination was found to be unfair, and the Claimant is awarded compensation equivalent to 9 1⁄2 months' gross salary, costs to the Claimant, and interest at court rate.
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Mbuni Dry Cleaners Limited v Chelangat & 19 others (Cause 1071 of 2017) [2024] KEELRC 1512 (KLR) (14 June 2024) (Judgment)
✦ The Claim is declined
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Bett & others v Kenya Post Office Savings Bank (Cause E433, E434, E437 & E438 of 2020 (Consolidated)) [2024] KEELRC 1526 (KLR) (14 June 2024) (Ruling)
✦ The Court does not have jurisdiction to hear the claims and the application filed by the Claimants.
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Muthoga v Devkan Enterprises (Cause E935 of 2023) [2024] KEELRC 1452 (KLR) (14 June 2024) (Ruling)
✦ The Court declines the applications and orders costs in the cause.
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Degener v German School Society (Cause E017 of 2021) [2024] KEELRC 1438 (KLR) (14 June 2024) (Judgment)
✦ The dismissal was fair and lawful, and the Claimant's Article 41 rights were not violated.
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Mutegi v Chief Executive Officer, Kenya Development Leather Council & another (Petition E125 of 2021) [2024] KEELRC 1447 (KLR) (14 June 2024) (Judgment)
✦ The Petition is declined.
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Mwema v Brothershirts Factory Limited (Appeal E217 of 2022) [2024] KEELRC 1453 (KLR) (14 June 2024) (Ruling)
✦ The Memorandum of Appeal is hereby struck out
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Itambo v Nala Inc & another (Cause E910 of 2023) [2024] KEELRC 1529 (KLR) (14 June 2024) (Ruling)
✦ The Court declines the Preliminary Objection and orders a full trial to determine the nature of the relationship.
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Omukhulu & 2 others v Zhejiang Chengjian Construction Africa Limited (Cause 927 of 2018) [2024] KEELRC 1500 (KLR) (14 June 2024) (Judgment)
✦ Termination was declared unfair and unlawful, and the respondent is ordered to pay compensation and notice to the claimants.
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Abdulkarim v Horizon Contact Centres Limited (Cause E515 of 2021) [2024] KEELRC 1508 (KLR) (14 June 2024) (Judgment)
✦ The Claimant's termination was found to be unfair and unlawful, and the Claim is granted.
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Mfundi v Micro and Small Enterprises Authority (Cause E507 of 2020) [2024] KEELRC 1507 (KLR) (14 June 2024) (Judgment)
✦ The Court found the termination to be unfair and unlawful.
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Kavua v Managing Director, Nairobi City Water and Sewerage Company Limited (Cause E112 of 2024) [2024] KEELRC 1457 (KLR) (14 June 2024) (Ruling)
✦ The Court finds that the transfer and re-designation of the Claimant was within the Employer's discretion and not a fundamental breach of the terms and conditions of service.
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Kenya Engineering Workers Union v Apex Steel Limited (Cause 639 of 2019) [2024] KEELRC 1443 (KLR) (14 June 2024) (Judgment)
✦ The claim is declined
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Harrison & 3 others (Suing as the promoters of the proposed Kenya Musicians Union) v Registrar of Trade Unions; Kenya Union of Entertainment and Music Industry Employees (Intended Interested Party) (Appeal E130 of 2022) [2024] KEELRC 1520 (KLR) (14 June 2024) (Ruling)
✦ The Registrar is in contempt of court and is sentenced to 3 months' imprisonment or a fine of Kshs. 200,000.
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Mugutha v Gitau alias Veronica Wairimu Van Helden; Helden (Interested Party) (Cause 1001 of 2018) [2024] KEELRC 1523 (KLR) (14 June 2024) (Ruling)
✦ Claimant's claim is not time-barred, and there are triable issues regarding the nature of the relationship between Claimant and Respondent.
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Otieno v National Oil Corporation Of Kenya (Cause E636 of 2021) [2024] KEELRC 1441 (KLR) (14 June 2024) (Judgment)
✦ The Court declared that the termination was unfair and unlawful and ordered the Respondent to pay the Claimant notice pay of Kshs. 294,000 and compensation for unfair termination equivalent to 11 months’ gross salary at Kshs. 3,234,000, totaling Kshs. 3,528,000.
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Mugo v Sanden Intercool [Kenya] Limited (Cause 20 of 2019) [2024] KEELRC 1444 (KLR) (14 June 2024) (Judgment)
✦ Claimant's termination was fair and lawful, and her claims for unfair termination and discrimination are dismissed.
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Kamande v Kakuzi PLC (Cause E652 of 2022) [2024] KEELRC 1509 (KLR) (14 June 2024) (Judgment)
✦ The claim is declined and costs are awarded to the Respondent by the Claimant's current Trade Union, Kenya Union of Pre-Primary Education Teachers (Kunopett).
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Maundu & 40 others v Beiersdorf EA Limited & another (Cause 2164 of 2016) [2024] KEELRC 1504 (KLR) (14 June 2024) (Judgment)
✦ The Court orders the 1st and 2nd Respondents to pay the total sum of Kshs. 8,702,280 to the Claimants, jointly and severally.
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Kubai v Teachers Service Commission (Cause E288 of 2020) [2024] KEELRC 1525 (KLR) (14 June 2024) (Ruling)
✦ Claimant's claim is declined for want of jurisdiction due to filing outside the 3-year limitation period under Section 90 of the Employment Act.
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Mwinzi v Jeyfine Wines Limited (Cause E307 of 2023) [2024] KEELRC 1513 (KLR) (14 June 2024) (Judgment)
✦ The Court declares that the Claimant was constructively, unfairly and unlawfully dismissed by the Respondent. The Respondent is ordered to pay the Claimant arrears of salary at Kshs. 430,000; notice at Kshs. 130,000; and compensation for constructive, unfair and unlawful dismissal equivalent of 2 months' salary at Kshs. 260,000 – total Kshs. 820,000.
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Candy Kenya Limited v Shantatu & another (Cause E702 of 2023) [2024] KEELRC 1527 (KLR) (14 June 2024) (Ruling)
✦ The Court declines the application for an injunction and orders the file to be closed.
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Kenya Chemical Workers Union v Dawa Limited (Cause E633 of 2022) [2024] KEELRC 1440 (KLR) (14 June 2024) (Judgment)
✦ The Court declared the termination of the Grievants' contracts of employment unfair and unlawful, and ordered the Respondent to pay compensation and notice pay.
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Bajaber v Planning Systems Services Limited (Cause E871 of 2021) [2024] KEELRC 1462 (KLR) (14 June 2024) (Ruling)
✦ The Court declines the Respondent's prayer to expunge the documents and grants the prayer for leave to file supplementary documents.