Kenyan case law
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Boniface Ndai v County Assembly of Laikipia & 2 others [2019] KEELRC 293 (KLR)
✦ The application for judicial review is not merited and the Applicant will meet the costs of the motion.
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Julius Macharia Mwangi v Matanga Investments Limited [2019] KEELRC 288 (KLR)
✦ The court orders the Respondent to pay the Claimant Kshs. 417,450/- for pay in lieu of leave days, Kshs. 92,604/- for salary for days worked in December 2015, and Kshs. 1,800,000/- for maximum compensation for the unlawful termination. The court also orders the Respondent to pay the Claimant costs of the suit and interest on the sums awarded.
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Bernadette Nyambura Njoroge v Attorney General & another [2019] KEELRC 284 (KLR)
✦ The Court dismissed the applicant's application, finding that the Board's decision was made in good faith and without malice, and that the applicant had not exhausted the internal review and appeal procedure.
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Mbuku Mulonzya v N.K. Brothers Garage Limited [2019] KEELRC 294 (KLR)
✦ The termination was unfair due to lack of a valid and fair reason.
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Abubakar Ali v Central Electricals International Ltd [2019] KEELRC 296 (KLR)
✦ The Court orders the Respondent to pay the Claimant notice at Kshs. 21,300, equivalent of 111⁄2 months’ salary in compensation for unfair termination at Kshs. 244,950, service of 4 years at Kshs. 63,900, and annual leave at Kshs. 111,825, totaling Kshs. 441,975.
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Kenya Hotels and Allied Workers Union v Wilton Gateway Hotel Limited & another; Wilfred Magusa Nyangenyo (Interested Party) [2019] KEELRC 244 (KLR)
✦ The termination of the employees' employment was substantively and procedurally unfair, and they are entitled to compensation.
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Dwasi v Cabinet Secretary for Environment and Natural Resources & another (Petition 35 of 2017) [2019] KEELRC 2562 (KLR) (22 November 2019) (Judgment)
✦ The court declared the application spent and that each party shall be their own costs.
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Chrismer Express Limited v Kilimall International Ltd [2019] KEELRC 181 (KLR)
✦ Preliminary objection on point of law is disallowed and the suit shall proceed to full trial on merits.
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Anne Muthoni Muturi v Consolidated Bank of Kenya [2019] KEELRC 261 (KLR)
✦ The application fails and is dismissed
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Donald Eliakim Ohon v Habo Group of Companies Limited & another [2019] KEELRC 73 (KLR)
✦ GTEC's application is dismissed as it failed to prove ownership of the goods. The Claimant's application is allowed, and the money deposited by GTEC is released to the Claimant's advocates.
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Technic Diesel Limited v Milcah Mutheni Ndiku [2019] KEELRC 280 (KLR)
✦ The Court grants leave to appeal out of time and a stay of execution pending appeal.
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National Union of Water and Sewerage Employees v Nairobi City Water and Sewerage Company Limited, Kenya County Government Workers Union, Registrar of Trade Unions, Elijah Otieno Awach & Attorney General [2019] KEELRC 172 (KLR)
✦ All files relating to demarcation between NUWASE and KLGWU are hereby closed. The only suits that should proceed are Cause No. 1007 of 2017 as consolidated with Cause No. 2107 of 2016 and 977 of 2017.
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Carolyne Ondiri Sheunda & 7 others v Top Rank Industries Limited [2019] KEELRC 211 (KLR)
✦ The court found that the claimants were unfairly terminated and ordered the respondent to pay the claimants their salaries and other benefits.
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Abel Samora Mongatte v African Banking Corporation Limited [2019] KEELRC 2592 (KLR)
✦ The application is allowed, and CMCC No 5645 is consolidated with the present suit for hearing and disposal.
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Amalgamated Union of Kenya Metal Workers v Load Trailer (EA) Limited [2019] KEELRC 188 (KLR)
✦ The respondent's application to set aside the judgment is dismissed. The respondent is ordered to implement the judgment.
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Benvar Stones Limited v Benard Osieko Ekasiba [2019] KEELRC 231 (KLR)
✦ The court found that the award of Kshs.200,000 in general damages was inordinately high and set it aside, awarding Kshs.151,500 in general damages.
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Charles Akwera Oduya v Metal Cans and Closures Limited & another [2019] KEELRC 182 (KLR)
✦ The claim is dismissed with no order as to costs.
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Kenya Magistrates and Judges Association v Salaries and Remuneration Commission; Judicial Service Commission (Interested Party) eKLR [2019] KEELRC 277 (KLR)
✦ The Association has made out a case for grant of the following orders: (a) A declaration that the failure of the Respondent to make provision for security allowance for magistrates and Kadhis was discriminatory and unfair.
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JA (Suing Through His Brother And Next Friend Asa v Attorney General [2019] KEELRC 285 (KLR)
✦ The court lacks original jurisdiction to determine the reassessment of the degree of disability for purposes of assessing disability allowance, which lies with the Pensions Appeal Tribunal.
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Peter M. Kimotho v Attorney General & 2 others [2019] KEELRC 286 (KLR)
✦ The application to set aside the dismissal order is dismissed with costs
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Benjamin Ngila Michael v Mehta Electricals Limited [2019] KEELRC 240 (KLR)
✦ The termination was unfair due to lack of a valid reason and due process.
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Kenya Union of Domestic, Hotels, Education Institutions, Hospital and Allied Workers (KUDHEIHA) v Management of Unique Cafe [2019] KEELRC 291 (KLR)
✦ The grievant is entitled to the sum of Kshs.40,907.30 for underpayments, salary for 17 days, annual leave, and service pay.
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Jane A. Litunya & 3 others v Jane Arende & 11 others [2019] KEELRC 267 (KLR)
✦ The Court finds that the Application is properly before the Court and the Claimants are entitled to the orders sought.
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Pamela Odera v African Medical and Research Foundation [2019] KEELRC 57 (KLR)
✦ The Court upheld the termination of the Claimant's service, finding valid and justifiable reasons and that the procedure followed was fair.
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Republic v Attorney General Julius O. Ogutu (Ex parte) [2019] KEELRC 223 (KLR)
✦ The court finds no reason to deny the applicant the orders sought in the application and issues an order of mandamus directing the Hon. Attorney General to pay the applicant the decree amount and interest.