Kenyan case law
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Catherine Rotich Holden v Board of Governors Nairobi International School & 2 others [2016] KEELRC 286 (KLR)
✦ The Court finds no basis for the Objector's assertion that it is a stranger to these proceedings. The argument that the Respondents are non-existent ought to have been ventilated at the main hearing and not at the execution stage.
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Renson Ngoma Mtungu & 6 others v Registrar of Trade Unions & another [2016] KEELRC 288 (KLR)
✦ The refusal to register the appellants' union was lawful and justified, and the respondent did not err in seeking advice from the National Labour Board.
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Kenya Union of Domestic, Hotels,Educational Institutions and Hospital Work v Pwani University & another [2016] KEELRC 203 (KLR)
✦ The court dismisses the request for review of the judgment for purposes of reconsidering the claim for severance pay. The court reviews and corrects the judgment by adding an award in favor of Dorcas Salama Randu and reducing the awards made to Kenga Katana, Jonson Naunga, and Paul Karisa Kahindi.
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Raphael Okango Sikalo v Lucy Wairimu t/a Red Rose Restaurant [2016] KEELRC 292 (KLR)
✦ The Court finds the Claimant's cause of action an abuse of the court process, scandalous, and frivolous.
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Aggrey Ajwang Juma v Kenya Railway Corporation [2016] KEELRC 316 (KLR)
✦ The Petitioner’s case is res judicata and should have been appealed against the judgment of the subordinate court.
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Diana Kiteme v Jesephine Mutuku [2016] KEELRC 191 (KLR)
✦ termination was unfair
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Bernard Oching Odhiambo & another v Prime Aluminium Casement Ltd [2016] KEELRC 303 (KLR)
✦ The court finds that the claimants' employment was not converted to a regular term contract and that the termination was not unfair.
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Mary Nzembi Kimweli v Aegis [Kenya] Limited t/a Leopard Beach Resort & Spa [2016] KEELRC 357 (KLR)
✦ The Court finds the Claimant should have accepted the terminal dues as offered by the Respondent. The Respondent is ordered to pay the Claimant Kshs. 125,551 in terminal benefits and Kshs. 45,000 in footwear allowance.
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Anthony Gitau Waweru & 12 others v Nyandarua County Government & 3 others [2016] KEELRC 339 (KLR)
✦ The Court finds no merit in the motion and dismisses it.
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Elinathan Kitiro Mwamburi v Telkom Kenya Limited [2016] KEELRC 304 (KLR)
✦ The Court reviews the dismissal ruling and finds an error in the computation of time, thus the dismissal is set aside.
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Edinah Nyaboke Gwachi v Kapric Apparels (EPZ) Limited [2016] KEELRC 272 (KLR)
✦ The termination of the Claimant's employment was procedurally unfair and unlawful.
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Cyprian Kinoti M’muriungi v County Government of Meru & 2 others [2016] KEELRC 374 (KLR)
✦ The court finds the termination of the claimant's contract of service to be constructive and unfair, and orders the 1st respondent to pay the claimant's salary and allowances, gratuity, and costs.
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Maurice Otunga v Nyali International Beach Hotel & another [2016] KEELRC 96 (KLR)
✦ The termination of the claimant's contract of employment was unlawful and unfair
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Wekulo v Teachers Service Commission (Cause 69 of 2015) [2016] KEELRC 1873 (KLR) (17 November 2016) (Ruling)
✦ The application is dismissed with no orders for costs
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Kenya Aviation Workers Union v Ballore Africa Logistics Kenya Limited & another [2016] KEELRC 43 (KLR)
✦ The Court dismissed the Respondent's application to deduct agency fees and ordered the Respondent to cease the deductions.
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Republic v Secretary, Teachers Service Commission & another Exparte Samuel Mulamula Lipeya [2016] KEELRC 141 (KLR)
✦ The applicant has not proved the allegations that the disciplinary hearing was unlawful, ultra vires, or in violation of the principles of natural justice. The applicant is not entitled to any of the remedies sought.
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Joachim Kimoja v Equator Bottlers Limited [2016] KEELRC 146 (KLR)
✦ The termination was unfair due to lack of fair process and lack of valid reason.
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Kenya Plantation & Agricultural Workers Union v Siret Tea Co. Ltd & 2 others [2016] KEELRC 249 (KLR)
✦ The court allows the claimant's demand for wage increases, redundancy, and gratuity, and orders the respondent to implement the terms within 30 days.
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Douglas Onyongo Ogeto v Board of Management Nyangweta S.D.A Mixed Secondary School [2016] KEELRC 278 (KLR)
✦ The termination of the employment was lawful and the claimant is disentitled to the relief sought.
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Barrack Otieno Ombima v Farouk & 2 others [2016] KEELRC 377 (KLR)
✦ The termination of the Claimant was found to be unfair and unjustified, and the case is converted to a normal termination.
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Kenya Union of Domestic, Hotels, Educational Institutions, Hospitals and allied Workers (Kudheiha) v B.O.M of St. John Metembe Sec. School [2016] KEELRC 81 (KLR)
✦ The preliminary objection is dismissed, and each party bears their costs.
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Alex Kago v Hebattula Brothers Ltd [2016] KEELRC 62 (KLR)
✦ Claimant is a full-time employee and entitled to all dues due to full-time employment.
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Norah Moraa Ombui v Speaker Kisii County Assembly & another [2016] KEELRC 352 (KLR)
✦ The revocation of the petitioner's appointment was found to be ultra vires and unconstitutional.
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Professor Ezekiel Kiprop v University Of Eldoret & 2 others [2016] KEELRC 88 (KLR)
✦ The petition is dismissed with each party bearing their own costs.
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Maritim Japhet Kiplimo v Mediheal Hospital & Fertility Centre Limited [2016] KEELRC 271 (KLR)
✦ The claimant was unlawfully, unprocedurally and unfairly terminated from employment