Kenyan case law
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Joel v Emmanuel Munga t/a Rabco Agencies (Cause 60 of 2018) [2022] KEELRC 1688 (KLR) (27 May 2022) (Judgment)
✦ The court finds that the claimant was a casual employee on a daily wage basis and engaged on a need basis to do verification work. The claimant's claims and prayers will collapse due to the respondent's failure to maintain records as per the Employment Act, 2007.
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Ouko v Imperial Managed Solutions E.A. Limited (Cause 716 of 2019) [2022] KEELRC 67 (KLR) (27 May 2022) (Ruling)
✦ Claimant has not shown that Respondent is in the process of winding-up its business in Kenya. Application is declined.
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Paksa Construction Limited v Molinde (Application 130 of 2021) [2022] KEELRC 77 (KLR) (27 May 2022) (Ruling)
✦ The Court declines the application and orders the Applicant to satisfy the judgment in default execution. The matter is referred to the Deputy Registrar for rectification of registration and remedial measures.
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Barasa v Space and Style Company Limited (Cause 1971 of 2016) [2022] KEELRC 1160 (KLR) (27 May 2022) (Judgment)
✦ The Court found that the Respondent had valid reason to terminate the Claimant's contract due to his misappropriation of money entrusted to him. The Claimant was dismissed for gross misconduct, and the Respondent acted fairly and lawfully.
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Waite v Lets Go Travel Limited (Cause 1748 of 2016) [2022] KEELRC 1163 (KLR) (27 May 2022) (Judgment)
✦ Termination was procedurally unfair and procedurally in violation of the Employment Act.
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Mbukua v Water Services Trust Fund (Cause 1323 of 2017) [2022] KEELRC 1209 (KLR) (27 May 2022) (Judgment)
✦ The termination was unfair and unlawful, and the Claimant is entitled to compensation equivalent to 12 months' gross salary and severance pay.
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Musembi v Defence Forces Canteen Organisation (Cause 1819 of 2017) [2022] KEELRC 1473 (KLR) (27 May 2022) (Ruling)
✦ The court will list the matter for hearing on a priority basis and will not dismiss the suit.
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Kuria v Airbus Southern Africa [PTY] Ltd Kenya Branch (Cause E044 of 2022) [2022] KEELRC 1157 (KLR) (27 May 2022) (Ruling)
✦ The Court finds that the trainings offered to the Claimant were not enforceable benefits under the contract of employment, and the Claimant's application is not well-founded in law and fact.
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Kenya Building Construction Timber and Furniture Industries Employees Union v Italian Space Agency (ASI) & 2 others (Cause E069 of 2021) [2022] KEELRC 1432 (KLR) (27 May 2022) (Judgment)
✦ The Court granted the claimant's request for a declaration of recognition and ordered the 1st and 2nd respondents to sign a recognition agreement with the claimant by July 1, 2022, and to negotiate and conclude a collective bargaining agreement by September 1, 2022. Each party was ordered to bear their own costs.
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Kenya Concrete, Ceramic Tiles, Interior Design Workers Union & 4 others v Central Organization of Trade Unions [K]; Cabinet Secretary Ministry of Labour & another (Interested Party) (Petition E025 of 2020) [2022] KEELRC 30 (KLR) (27 May 2022) (Judgment)
✦ The Petition is declined.
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Otachi v Board of Trustees, Nairobi Pentecostal Church Woodley Campus & 2 others (Cause 897 of 2017) [2022] KEELRC 1644 (KLR) (27 May 2022) (Judgment)
✦ Termination was declared unfair, and the Respondent is ordered to pay service pay, notice pay, and compensation for unfair termination.
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Ngulusi v Euro Petroleum Limited (Cause 2056 of 2015) [2022] KEELRC 1100 (KLR) (27 May 2022) (Judgment)
✦ The termination was unfair, and Ngulusi is entitled to compensation for unfair termination equivalent to 12 months' salary, totaling Kshs. 165,750.
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Masha v Crown Hotels Limited (Cause 908 of 2016) [2022] KEELRC 1458 (KLR) (27 May 2022) (Judgment)
✦ The claimant's case is dismissed as the termination was fair and procedurally correct.
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Magonda v Mombasa Parents Club (Cause 10 of 2021) [2022] KEELRC 1668 (KLR) (27 May 2022) (Judgment)
✦ The claimant is entitled to gratuity at 18-days salary
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Kangethe v Monarch Insurance Company Limited (Cause E959 of 2021) [2022] KEELRC 81 (KLR) (27 May 2022) (Ruling)
✦ The application is not merited and hence does not warrant the grant of orders in the nature of a mandatory injunction at this stage, save for the issuance of a certificate of service.
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Defence Forces Canteen Organisation v Ndirangu (Cause 1820 of 2017) [2022] KEELRC 1159 (KLR) (27 May 2022) (Ruling)
✦ The suit is not liable for dismissal for want of prosecution.
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Sibwoga v Seneca East Africa Ltd (Cause 236 of 2016) [2022] KEELRC 1207 (KLR) (27 May 2022) (Judgment)
✦ The claimant absconded and the respondent did not afford him an opportunity to be heard. The claimant merits minimal compensation for unfair termination, which the court awards at 1-month salary, at Kshs. 16,500.
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Nabwera & another v Kenya Meat Commission (Petition 59 & 60 of 2018 (Consolidated)) [2022] KEELRC 1624 (KLR) (27 May 2022) (Judgment)
✦ Termination was declared unfair, and compensation was awarded to the Petitioners.
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Wanyahora v Mediamax Network Limited (Petition E030 of 2020) [2022] KEELRC 66 (KLR) (27 May 2022) (Judgment)
✦ Petitioner's Petition is declined
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Kombo v Doshi & Company (Hardwares) Limited & another (Cause 419 of 2016) [2022] KEELRC 1171 (KLR) (27 May 2022) (Judgment)
✦ The Court finds the claimant was a casual labourer with breaks in his service, and the claims for unfair termination are dismissed.
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Muli v Eurocraft Agencies Limited (Cause 315 of 2016) [2022] KEELRC 1642 (KLR) (27 May 2022) (Judgment)
✦ Termination was unfair and compensation awarded
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Yugi v Mbuvi t/a Pemwe Security (Cause 236 of 2017) [2022] KEELRC 1539 (KLR) (27 May 2022) (Judgment)
✦ Termination was consensual, and the Claimant is awarded Kshs. 45,692 in gratuity.
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Mwairimba Mining Company Limited v Lokuku. (Appeal E76 of 2021) [2022] KEELRC 1679 (KLR) (27 May 2022) (Judgment)
✦ The appeal is allowed, the judgment of the learned trial magistrate is set aside, and the appellant is awarded Kshs. 516, 781.00
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Adan & 20 others v National Transport Safety Authority (Cause E077 of 2021) [2022] KEELRC 1628 (KLR) (27 May 2022) (Judgment)
✦ The court declines the claimants' claim and does not order any damages or costs.
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Mudzomba v Bafagih Bakeries Limited (Cause 868 of 2017) [2022] KEELRC 1594 (KLR) (27 May 2022) (Judgment)
✦ Claimant is awarded 12 months' salaries in compensation and one-month salary in lieu of termination notice.