Kenyan case law
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Mary Wanjuku Maina v Peninnah Kivivya Kitheka & another [2015] KEELRC 176 (KLR)
✦ The dismissal is deemed unfair and the claimants are awarded compensation
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David Wanyonyi v Attorney General,Chief of Defence Forces & Army Commander Kenya Army (Cause 40 of 2013) [2015] KEELRC 324 (KLR) (6 November 2015) (Ruling)
✦ The Court dismissed the motion to set aside the judgment and order, finding that the Respondents had not complied with the terms of the judgment and had not presented a full case in their initial application for stay of execution.
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Ngaya v Judicial Service Commission & 3 others (Cause 398 of 2014) [2015] KEELRC 218 (KLR) (6 November 2015) (Ruling)
✦ The 3rd Respondent acted in his judicial capacity and is a necessary party to the proceedings.
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Felix Kipkeu Kiyeng v Moi Teaching And Referral Hospital [2015] KEELRC 320 (KLR)
✦ The Court sets aside the decree and any actions taken on it due to its fatal defect, and awards costs to the Respondent.
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David Owino Oduor v Pancras Kuria Nyoike t/a Mijengo Investments [2015] KEELRC 321 (KLR)
✦ Dismissal was unfair due to lack of procedural fairness, but the cause of action was compromised through a conciliation agreement.
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Robert Ongeri v Ramboo Colourcane [2015] KEELRC 173 (KLR)
✦ The Court will give the applicant the benefit of doubt and order that the suit recommences afresh on a date to be fixed at the registry.
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Lawrence Echuu v Green Park Water Services Ltd [2015] KEELRC 296 (KLR)
✦ The complaint of unfair termination of employment is dismissed, and the Claimant is ordered to bear his own costs.
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Lawrence Omondi v Creative Eye (K) Limited [2015] KEELRC 181 (KLR)
✦ The Court orders the respondent to pay the claimant fifteen days salary as severance pay for the period between August 1, 2013, and July 31, 2014, and to pay the claimant costs of the suit.
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Philemon Kiprotich Kirui v Lessos Veterinary Suppliers Ltd (CICADA Hotel) [2015] KEELRC 300 (KLR)
✦ The Court finds that the Claimant was dismissed unfairly and awards him 1 month pay in lieu of notice, accrued leave, and 2 months wages compensation.
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Menengai Oil Refineries Ltd v Kenneth Macharia Nderitu [2015] KEELRC 308 (KLR)
✦ The Court finds that the Respondent was not underpaid and orders him to pay the Claimant Kshs 29,900 less any amounts owed in respect of outstanding leave for 2011/2012.
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Michael Mudogo v Kerio Valley Development Authority [2015] KEELRC 312 (KLR)
✦ dismissal was procedurally unfair and the process did not meet statutory requirements
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Edith Mutuku & another v Karesh Hardware Construction Co Ltd & another [2015] KEELRC 13 (KLR)
✦ The termination was unjustifiable and unfair, and the counterclaims for notice pay must fail.
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Charles Musyoki Wanza v Bhaghubhai Bhailal [2015] KEELRC 287 (KLR)
✦ The court awards the Claimant compensation of Kshs 60,000, Kshs 15,000 in lieu of notice, Kshs 12,200 in lieu of leave days, Kshs 7,500 service charge, and a certificate of service within 30 days.
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Kenya Hotels and Allied Workers Union v Attorney General & 6 others [2015] KEELRC 278 (KLR)
✦ The majority judges dissented on the issue of deduction of agency fees from the Claimant's members' wages, finding it an unfair labor practice.
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Alfred Muthomi Mutiria & 2 others v National Bank Of Kenya Limited [2015] KEELRC 12 (KLR)
✦ The Employment and Labour Relations Court has jurisdiction to entertain the Claimants' application and to consider it on merit.
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Kenya Union of Commercial Food and Allied Workers Union v Mutuguta Farmers Co-operative Society Limited [2015] KEELRC 323 (KLR)
✦ The court dismissed the claimant's suit with costs, extended the time for filing the objection to the taxing master's decision, and stayed the execution proceedings until the lapsing of the 14 days prescribed in subparagraph 11(2) of the Advocates (Remuneration) Order.
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Charity Njagi v Comworld Business Centre [2015] KEELRC 14 (KLR)
✦ The termination of the Claimant's employment was unfair both substantively and procedurally, and she is awarded two months' salary in compensation and one month's salary in lieu of notice.
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Banking, Insurance & Finance Union (Kenya) v Capital Sacco Society Limited [2015] KEELRC 282 (KLR)
✦ The court finds that the respondent had a valid reason to terminate the grievants' employment due to their failure to notice and report the attack. The court also finds that the grievants failed in their duty but were not solely responsible for the failure to notice and promptly report the attack.
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Bob Charles Auch v Rift Valley Railways (K) Limited [2015] KEELRC 288 (KLR)
✦ Application dismissed, matter allocated a hearing date
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Kenya Union Of Commercial, Food And Allied Workers v Tusker Matresses [2015] KEELRC 292 (KLR)
✦ Interim relief granted to lift suspension of 91 employees pending main suit
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Samson Mabeya Onchari v Homegrown (K) Ltd [2015] KEELRC 286 (KLR)
✦ The dismissal was wrongful and unfair, and the Claimant is entitled to compensation and other remedies.
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Elizabeth Irako Shiakamiri v National Council for Persons With Disabilities [2015] KEELRC 172 (KLR)
✦ The respondent's accusations are not credible and reasonable grounds for recusal.
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Johnstone Mwendwa v KUL Graphics Limited [2015] KEELRC 182 (KLR)
✦ The Court finds that the termination was unlawful and converts it to unfair dismissal.
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Banking, Insurance & Finance Union (Kenya) v Barclays Bank of Kenya Ltd & another [2015] KEELRC 171 (KLR)
✦ The application is not res judicata as the foundational basis of the entire claim relates to PDP processes, and the affected unionised employees are likely to be different in each case.
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Kenya Union of Domestic, Hotels, Educational Institutions, Hospitals And Allied Workers (KUDHEIHA) v British Army Training Unit Kenya [2015] KEELRC 167 (KLR)
✦ Application for review is dismissed