Kenyan case law
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Saina & another v Kenya Ordinance Factories Corporation (Employment and Labour Relations Cause Eo32 & E033 of 2021 (Consolidated)) [2024] KEELRC 1570 (KLR) (13 June 2024) (Judgment)
✦ The court found that the termination was not unfair and denied the reliefs sought by the Claimants.
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West Kenya Sugar Company Limited v Karakacha (Employment and Labour Relations Appeal E001 of 2023) [2024] KEELRC 1383 (KLR) (13 June 2024) (Judgment)
✦ The Court holds that the claim dated 15th October 2019 was not proved on a balance of probabilities and sets aside the compensation award by the Learned Magistrate. The appeal is allowed.
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Otieno, Ragot & Company Advocates v Clerk, Homabay County Assembly & 2 others (Miscellaneous Application E004 of 2023) [2024] KEELRC 1498 (KLR) (13 June 2024) (Ruling)
✦ The Court found the Respondents guilty of contempt of court and ordered them to pay the outstanding balance and comply with the previous order.
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Meter and Standard Gauge Railways Workers and Pensioners Union (K) v Kenya Railways Corporation & another (Employment and Labour Relations Cause E1041 of 2021) [2024] KEELRC 1541 (KLR) (13 June 2024) (Judgment)
✦ The suit is dismissed in its entirety with no orders as to costs.
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Ndolo v Umma University (Appeal E097 of 2022) [2024] KEELRC 1393 (KLR) (13 June 2024) (Judgment)
✦ The appeal is dismissed as unmerited. The Appellant is awarded Kshs. 32,512.50 for severance pay, but no costs are awarded.
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Ndundu v Jitegemee Sacco Society Ltd (Cause E53 of 2021) [2024] KEELRC 1532 (KLR) (13 June 2024) (Judgment)
✦ The Court declares termination of employment unfair and awards compensation for unfair termination of employment and retirement/contractual terminal dues.
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Maranga v Aids Healthcare Foundation Kenya (Cause E302 of 2022) [2024] KEELRC 1467 (KLR) (13 June 2024) (Judgment)
✦ The suit is dismissed, with no order as to costs.
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Omao v County Government of Kisii & 4 others (Petition E023 of 2023) [2024] KEELRC 1398 (KLR) (13 June 2024) (Judgment)
✦ The Petitioner failed to discharge the burden of proof and the petition is dismissed.
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Bah v Living Goods Kenya (Cause E168 of 2022) [2024] KEELRC 1497 (KLR) (12 June 2024) (Ruling)
✦ The court has jurisdiction to hear and determine the claim, and the relationship between the Claimant and the Respondent was an employment contract.
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Moi University v Soga & 22 others (Appeal E010 of 2024) [2024] KEELRC 1387 (KLR) (12 June 2024) (Ruling)
✦ The judgment of the Chief Magistrate awarding compensation and salary arrears is set aside/vacated and substituted with an order disallowing these heads of claim.
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Sinohydro Corporation Ltd v Oduor (Appeal E005 of 2024) [2024] KEELRC 1377 (KLR) (12 June 2024) (Judgment)
✦ The Court finds merit in the Appeal and sets aside the judgment of the Principal Magistrate, dismissing the cause.
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Gitonga v Care International Kenya (Cause E119 of 2021) [2024] KEELRC 1397 (KLR) (12 June 2024) (Judgment)
✦ The Court finds the Respondent's conduct in terminating the Claimant's employment to be less than honest and grants judgment in favor of the Claimant.
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Mbulu v Red Court Hotel t/a Boma Hotel Limited (Cause E317 of 2022) [2024] KEELRC 1396 (KLR) (12 June 2024) (Judgment)
✦ The Court held that the Claimant's termination was contrary to the Employment Act and ordered service pay, notice pay, leave pay, compensation, interest, and costs.
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Kenya Union of Domestic, Hotels, Educational Institutions, Hospitals & Allied Workers v ACK St. Andrews Church; Njoroge (Applicant) (Cause 852 of 2012) [2024] KEELRC 1428 (KLR) (12 June 2024) (Ruling)
✦ The motion is dismissed with costs to the Respondent.
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Onuonga v Omollo & 2 others (Petition E018 of 2024) [2024] KEELRC 1386 (KLR) (12 June 2024) (Judgment)
✦ The Court declares the actions of the Respondents null and void, quashes the recruitment process, and directs a fresh recruitment.
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Bakery Confectionary, Food Manufacturing & Allied Workers Union v Manji Foods Industries Limited (Cause 932 of 2018) [2024] KEELRC 1466 (KLR) (12 June 2024) (Judgment)
✦ The Court found the lock out unlawful and the termination contrary to the Employment Act. The Court ordered the Respondent to pay one month's pay in lieu of notice, underpayment compensation, 12 months salary as compensation, costs of the suit, and interest on the sums awarded.
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Tips (Kenya) Ltd v Nyaundi (Appeal 2 of 2024) [2024] KEELRC 1385 (KLR) (12 June 2024) (Judgment)
✦ The Appeal only succeeds to the extent that the order of reinstatement is set aside and vacated. The award of compensation is confirmed.
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Valley Confectionary Ltd v Director Occupational Safety and Health Service & another (Miscellaneous Application E016 of 2024) [2024] KEELRC 1516 (KLR) (11 June 2024) (Ruling)
✦ The application is dismissed as the court's jurisdiction can only be invoked on appeal and not otherwise.
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Kenya Engineering Workers Union v Multi Tools Limited (Cause 1264 of 2018) [2024] KEELRC 1395 (KLR) (11 June 2024) (Judgment)
✦ The court dismissed the claim, finding that the union lacks jurisdiction to represent the Respondent's employees and that the Respondent is not a unionisable employee under the union's constitution.
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Jemnyango v County Government of Kajiado (Cause 723 of 2018) [2024] KEELRC 1394 (KLR) (11 June 2024) (Judgment)
✦ The dismissal was found to be unfair and unlawful.
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Guantai & 8 others v Sokowatch Limited t/a Wasoko; Maxab Limited (Interested Party) (Cause E076 of 2024) [2024] KEELRC 1430 (KLR) (11 June 2024) (Ruling)
✦ Ex parte order set aside
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Paul Mwangi & Co. Advocates v P.V.R Rao Receiver of Athi River Steel Plant Limited (Miscellaneous Cause E218 of 2023) [2024] KEELRC 1431 (KLR) (11 June 2024) (Ruling)
✦ Judgment for the Applicant for the sum of Kshs. 1,656,890.84 with interest and costs
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Khisa v Teachers Service Commission (Employment and Labour Relations Claim E006 of 2022) [2024] KEELRC 1380 (KLR) (10 June 2024) (Ruling)
✦ The court declares the mode of execution illegal and irregular, grants a stay of execution pending the appeal, and does not order costs.
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Kenya Union of Journalists v Standard Group (Cause 171 of 2020) [2024] KEELRC 1347 (KLR) (6 June 2024) (Judgment)
✦ The pay cut was lawful and the suit dismissed
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Kenya Union of Domestic Workers, Hotels, Educational Institutions And Hospital Workers Union (KUDHEIHA)) v Kima Mission Hospital (Employment and Labour Relations Cause E004 of 2023) [2024] KEELRC 1341 (KLR) (6 June 2024) (Judgment)
✦ The termination of employment of the grievants was found to be lawful and fair.