Kenyan case law
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Ndiege v Judicial Service Commission (Cause 793 of 2019) [2022] KEELRC 12709 (KLR) (26 May 2022) (Judgment)
✦ The claimant is entitled to payment of alimentary allowance based on one third of the basic salary from August 16, 2016 to March 27, 2019, less the sum of Ksh 45,000 received and the daily wage for each day he was absent without leave.
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Kundu v Kenya Wildlife Service & another (Cause 106 of 2017) [2022] KEELRC 1735 (KLR) (26 May 2022) (Judgment)
✦ The termination of employment was found to be unlawful and unfair.
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Kenya Union of Hair and Beauty Workers v Trenz Kenya Limited (Cause 2188 of 2016) [2022] KEELRC 1482 (KLR) (26 May 2022) (Judgment)
✦ The summary dismissal was procedurally unfair and substantively unfair.
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Nyembwe v Summit Protective Security Services (Cause 936 of 2016) [2022] KEELRC 1472 (KLR) (26 May 2022) (Ruling)
✦ The court dismissed the suit for want of prosecution but granted the claimant six months to prosecute the suit.
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Ngichiri v Sirville Investments Limited (Cause 484 of 2017) [2022] KEELRC 1581 (KLR) (26 May 2022) (Ruling)
✦ The application is dismissed with costs.
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Musungu v Human Capital Proactive Consultants Limited (Cause 1604 of 2016) [2022] KEELRC 1169 (KLR) (26 May 2022) (Judgment)
✦ Claimant is entitled to compensation equivalent to four months' salary and terminal benefits.
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Mudonyi & 68 others v Toner Holdings Limited (Cause 1153 of 2016) [2022] KEELRC 1658 (KLR) (26 May 2022) (Judgment)
✦ The termination of the claimants' employment was substantively and procedurally unfair, and they are entitled to compensation.
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Mbindyo v Halar Industries Limited (Cause 92 of 2016) [2022] KEELRC 4136 (KLR) (26 May 2022) (Judgment)
✦ The dismissal was unfair and unlawful.
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Transport and Allied Workers Union v Kenya Bus Service; Abiria Limited & 3 others (Objector) (Cause 68 of 2006) [2022] KEELRC 4048 (KLR) (26 May 2022) (Ruling)
✦ The court cannot execute the decree against non-parties and the objectors do not have a legal or equitable interest in the vehicles.
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Odera v Attorney General (Sued on behalf of the Ministry of Environment and Mineral Resources) (Judicial Review E002 of 2021) [2022] KEELRC 1176 (KLR) (26 May 2022) (Judgment)
✦ The Ministry of Environment and Mineral Resources is ordered to satisfy the award made in favor of the Claimant for the judgment debt of Kshs.1,760,000/= plus costs and interest.
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China State Construction Engineering Corporation Kenya Limited v Mwangi & 16 others (Appeal 133 of 2021) [2022] KEELRC 1684 (KLR) (26 May 2022) (Ruling)
✦ The application is dismissed with costs.
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Bakery Confectionary Food Manufacturing and Allied Workers Union (Kenya) v Monking Bakers Limited (Cause 763 of 2019) [2022] KEELRC 1508 (KLR) (26 May 2022) (Judgment)
✦ The Court issued a temporary injunction restraining the Respondent from victimizing, intimidating, coercing, harassing, terminating, dismissing the Claimant's members for exercising their right to join the applicant union and perpetrating unfair labour practices pending the inter partes hearing and determination of the suit.
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Nyamu v Kenya Electricity Generating Company Limited (Cause 1915 of 2017) [2022] KEELRC 1690 (KLR) (26 May 2022) (Ruling)
✦ The court denies the claimant's request for leave to amend her statement of claim as the time-bar period has expired.
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Kalani v East African Growers Limited (Cause 2181 of 2015) [2022] KEELRC 1663 (KLR) (26 May 2022) (Judgment)
✦ Claimant failed to establish an employment relationship with the respondent, and her claim collapses.
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Kenya Union of Domestic Hotels, Educational Institutions and Hospital Workers [KUDHEIHA] v Shimba Hills Secondary School (Cause 84 of 2019) [2022] KEELRC 1470 (KLR) (26 May 2022) (Ruling)
✦ The application is granted, and the suit is struck out with costs.
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Mirikau v Exon Investments Limited (Cause E002 of 2021) [2022] KEELRC 1441 (KLR) (26 May 2022) (Judgment)
✦ The court determined that the termination of employment was unlawful and unfair.
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Auma v Rickshaw Travels (K) Limited (Cause 129 of 2015) [2022] KEELRC 12702 (KLR) (26 May 2022) (Ruling)
✦ Application is dismissed without merit
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Khaoya v Chairman, County Public Service Board of Bungoma & 3 others; County Assembly of Bungoma (Interested Party) (Petition E001 of 2020) [2022] KEELRC 1474 (KLR) (26 May 2022) (Ruling)
✦ Application for review is dismissed
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Okoiti v Cabinet Secretary, Industry, Trade and Co-operatives & 13 others; Kenya Bureau of Standards (Interested Party) (Petition 19 of 2020) [2022] KEELRC 1416 (KLR) (25 May 2022) (Judgment)
✦ The Court dismisses the application for amendment of the petition and the preliminary objection. The Court retains jurisdiction over the petition.
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Kirui v Principal, Bomet University College & another (Cause 46 of 2019) [2022] KEELRC 1208 (KLR) (25 May 2022) (Judgment)
✦ The court held that the redeployment of the claimant to Moi University was not a breach or unlawful termination of his contract with the respondents.
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Republic v Clerk, County Assembly of Homa Bay & another; Elizabeth Ayoo (Exparte) (Judicial Review E016 of 2021) [2022] KEELRC 1152 (KLR) (25 May 2022) (Judgment)
✦ The Court quashes the decisions of the Clerk and County Assembly regarding the applicant's removal and suspension.
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Mutai v Kisa & another (Cause E002 of 2020) [2022] KEELRC 1543 (KLR) (25 May 2022) (Judgment)
✦ The Court held that the Claimant was an employee of the Respondent from January 2019 to November 2019, and thus entitled to the reliefs sought.
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Weche v Imara Steel Limited (Cause 1551 of 2015) [2022] KEELRC 1674 (KLR) (25 May 2022) (Judgment)
✦ Claimant's dismissal was found to be unfair and he is entitled to compensation and refund.
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Osiro v Kenya Power and Lighting Co. Ltd (Cause 1938 of 2017) [2022] KEELRC 12871 (KLR) (25 May 2022) (Ruling)
✦ The court directs the respondent/applicant to deposit the entire decretal sum in an interest-earning account in the joint names of the parties' advocates within 45 days.
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Amalgamated Union of Kenya Metal Workers v Cads Motors Ltd (Cause 437 of 2017) [2022] KEELRC 1728 (KLR) (25 May 2022) (Judgment)
✦ The court finds no merit in the cause and dismisses it.