Kenyan case law
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Mbaya v Murban Movers Limited (Cause E334 of 2023) [2024] KEELRC 1350 (KLR) (6 June 2024) (Judgment)
✦ The Court finds and holds that the resignation of the Claimant is a case of constructive dismissal and orders compensation for withheld salary, unpaid salary, and compensation for unlawful dismissal.
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New Wide Garments EPZ (K) Limited v Kioko (Employment and Labour Relations Appeal 4 of 2022) [2024] KEELRC 1515 (KLR) (6 June 2024) (Judgment)
✦ The appeal is dismissed. The Respondent's claim is not proven on a balance of probabilities.
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Legal Advice Centre t/a Kituo Cha Sheria & 13 others v Cabinet Secretary, Ministry of Labour & Social Protection & 7 others; Commission on Administration on Justice & 2 others (Interested Parties) (Employment and Labour Relations Petition E038 of 2023) [2024] KEELRC 1375 (KLR) (6 June 2024) (Ruling)
✦ The court dismissed the preliminary objections and allowed the petition to proceed on its merits.
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Ali v Grain Industries Limited (Cause 3 of 2020) [2024] KEELRC 1373 (KLR) (6 June 2024) (Ruling)
✦ The Court dismissed the Notice of Appeal and the Notice of Motion for interim stay of execution.
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Nyariki & 3 others v County Government of Nyamira & 2 others (Petition E055 of 2021) [2024] KEELRC 1356 (KLR) (6 June 2024) (Ruling)
✦ The court finds and holds that the Applicants have not proved a case of contempt of court
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ISL Kenya Limited v Owino (Employment and Labour Relations Appeal 4 of 2020) [2024] KEELRC 1448 (KLR) (6 June 2024) (Judgment)
✦ The court found the termination to be unfair and unlawful, and the award of Kshs 10,000 was not valid.
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Kensalt Limited v Mwaruwa (Appeal E039 of 2023) [2024] KEELRC 1367 (KLR) (6 June 2024) (Judgment)
✦ The appeal is dismissed, and the original judgment is upheld.
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County Public Service Board, Homabay & another v Orwa (Appeal E027 & E030 of 2022 (Consolidated)) [2024] KEELRC 1351 (KLR) (6 June 2024) (Judgment)
✦ Appeal No. E027 of 2022 is dismissed with costs to the Respondent. Appeal No. E030 of 2022 is allowed, and the judgment of the learned Trial Magistrate is set aside.
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Professional Clean Care v Fondo (Miscellaneous Application E030 of 2024) [2024] KEELRC 1359 (KLR) (6 June 2024) (Ruling)
✦ The application is dismissed. Costs are awarded to the respondent.
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Onyango v Trees for the Future INC (Cause E006 of 2023) [2024] KEELRC 1353 (KLR) (6 June 2024) (Judgment)
✦ The Claimant was not constructively dismissed and was fairly dismissed.
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Jiwani Impex Limited v Ndoro (Appeal E089 of 2023) [2024] KEELRC 1366 (KLR) (6 June 2024) (Judgment)
✦ The appeal is dismissed with costs, and the case is remanded to the Chief Magistrate for allocation and hearing directions.
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Omollo v Biodeal Laboratories Limited (Cause E133 of 2024) [2024] KEELRC 1345 (KLR) (6 June 2024) (Ruling)
✦ The court dismissed the notice of motion and replying affidavit as defective and struck them out.
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Hatari Security Guards v Muia (Appeal E007 of 2024) [2024] KEELRC 1363 (KLR) (6 June 2024) (Ruling)
✦ The appeal is dismissed with costs to the respondent.
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Kenya Shipping Clearing Freight Logistics and Warehouses Workers Union v Bollore Transport and Logistics (K) Limited & 2 others (Cause 467 of 2018) [2024] KEELRC 1360 (KLR) (6 June 2024) (Ruling)
✦ The court dismissed the application to set aside the orders dismissing the suit for want of attendance and prosecution.
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Omweno & 3 others v Governor, County Government of Kakamega & 4 others; Wanyama & another (Interested Parties) (Petition E008 of 2023) [2024] KEELRC 1384 (KLR) (6 June 2024) (Judgment)
✦ The rushed proceedings and removal of the Petitioners were declared unlawful, and the Petitioners are to resume their positions with immediate effect.
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Tana River County Public Service Board & another v Public Service Commission; Kenya County Governments Workers Union (ON Behalf of Abdireman Huko Dakane & 18 others) (Interested Party) (Petition E011 of 2023) [2024] KEELRC 1374 (KLR) (6 June 2024) (Judgment)
✦ The Petitioners were condemned unheard, and the Respondent's decisions are declared illegal and quashed.
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Nyonga v China City Company Limited (Appeal E001 of 2024) [2024] KEELRC 1364 (KLR) (6 June 2024) (Judgment)
✦ The appeal is dismissed with costs. The appellant's claim for unfair termination of employment is dismissed, and the trial court's findings are upheld.
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H. Young & Co. [E. A] Limited v Masika (Appeal E009 of 2021) [2024] KEELRC 1368 (KLR) (6 June 2024) (Judgment)
✦ The appeal is dismissed with costs to the Respondent.
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Servicehub Global Enterprises Ltd v Juma (Appeal E083 of 2023) [2024] KEELRC 1369 (KLR) (6 June 2024) (Judgment)
✦ The Appellant's appeal is partly successful, and the Respondent is awarded compensation for unfair termination of employment, payment in lieu of notice, and interest.
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Universities Academic Staff Union (UASU) Moi University Chapter & 2 others v Moi University; Kosgey & 3 others (Contemnor) (Employment and Labour Relations Cause E020 of 2023) [2024] KEELRC 1499 (KLR) (6 June 2024) (Ruling)
✦ The application is dismissed with costs.
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Omweno & 3 others v Governor, County Government of Kakamega & 4 others; Wanyama & another (Interested Parties) (Petition E008 of 2023) [2024] KEELRC 1355 (KLR) (6 June 2024) (Ruling)
✦ The Court declared the removal process illegal and unconstitutional, and ordered the reinstatement of the petitioners with immediate effect.
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Kenya Union of Commercial Food & Allied Workers v Kobole Kenya Limited & another (Employment and Labour Relations Cause 3 of 2023) [2024] KEELRC 1381 (KLR) (6 June 2024) (Ruling)
✦ The court set aside the judgment and ordered the matter to be re-opened to enable the 2nd Respondent to defend the suit.
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Brixton Estates Limited & another v Talam & another; Genya & another (Interested Parties) (Cause E006 of 2024) [2024] KEELRC 1358 (KLR) (6 June 2024) (Judgment)
✦ The respondents and 1st interested party are entitled to recover compensation from the 1st respondent for the deceased's death, as the 1st respondent is a third party liable for damages.
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Mbogho v Oceans Alive Foundation Limited (Cause E128 of 2023) [2024] KEELRC 1365 (KLR) (6 June 2024) (Judgment)
✦ The termination was unfair and illegal, and the mutual separation agreement is invalid.
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Oucho v Trees for the Future INC (Cause E007 of 2023) [2024] KEELRC 1354 (KLR) (6 June 2024) (Judgment)
✦ The Court finds that the termination was not wrongful and that the Claimant did not establish a prima facie case for constructive dismissal or unfair dismissal.