Kenyan case law
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Kollengode Venkatachala Laksminarayan v Intex Construction Limited [2020] KEELRC 252 (KLR)
✦ The Claimant was not an employee but a consultant under the Consultancy Agreement.
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Victoria Muthoki Muia v Makupa Transit Shade Limited & Boss Freight Terminal CFS Limited (Cause 4 of 2020) [2020] KEELRC 265 (KLR) (6 November 2020) (Ruling)
✦ The Court finds that the Claimant's claim against the second Respondent discloses no reasonable cause of action and declines the application.
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Peter Ndaka Mutavi v Pembe Flour Mills Limited [2020] KEELRC 250 (KLR)
✦ The court finds the suit statute barred and strikes it out.
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Kenya Engineering Workers Union v Steel Structures Limited; Kenya Building, Construction, Timber and Furniture Industries Employees Union (Interested Party) [2020] KEELRC 260 (KLR)
✦ The application is dismissed with no orders for costs
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Communications Workers Union v Camusat Kenya Limited [2020] KEELRC 261 (KLR)
✦ The Court found that the application was proper and that the applicant had the locus standi to institute the claim.
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Emmanuel Makanda Osundwa v Malik Marvinda (Cause 40 of 2017) [2020] KEELRC 1911 (KLR) (6 November 2020) (Judgment)
✦ The Court dismisses the claim with no order as to costs
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Afred Yambo Oyie v Fatima Misison Hospital (Cause 2365 of 2016) [2020] KEELRC 254 (KLR) (Employment and Labour) (6 November 2020) (Judgment)
✦ The Court held that the termination was not due to redundancy and was not unfair.
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Peter Wanyama Ojiambo & another v Technical University of Kenya & 2 others [2020] KEELRC 249 (KLR)
✦ The court held that the respondent's application for stay of execution is not urgent and certified, and the judgment is executable.
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John Kennedy Omanga v Board of Directors, Postal Corporations of Kenya & another [2020] KEELRC 262 (KLR)
✦ The claimant is entitled to Kshs.500,000 for Golden Handshake and 3 months' salary in lieu of notice, totaling Kshs.1,251,335. The claimant is also entitled to Kshs.577,950 for one month's salary for every completed year of service. The respondents are entitled to Kshs.468,317 from the decretal sum due to the claimant.
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Dolly Nyambura Mwangi v Faulu Micro Finance Bank Limited [2020] KEELRC 253 (KLR)
✦ The application is dismissed as the applicant has not demonstrated that she merits the grant of the order sought.
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Catherine Wawira Ndwiga v Board of Trustees, Starehe Girls’ Centre (Cause 705 of 2016) [2020] KEELRC 264 (KLR) (Employment and Labour) (6 November 2020) (Judgment)
✦ The claimant's termination was found to be unlawful and unfair due to the lack of a fair hearing and consideration of her explanation.
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Pius Wanjala v Ethics and Anti-Corruption Commission; Sicily Kariuki, Cabinet Secretary Ministry of Health & another ( Interested Parties) [2020] KEELRC 272 (KLR)
✦ The application for transfer of the suit to the High Court is dismissed.
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Mohamed Musa Mzenga v Shiva Carriers Limited [2020] KEELRC 267 (KLR)
✦ The dismissal was fair and the Claimant is not entitled to compensation for unfair termination.
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Patrick Karinga Munuhe & 2 others v Kenya National Union of Teachers & 4 others [2020] KEELRC 66 (KLR)
✦ A permanent injunction is issued restraining the Respondents from changing the signatories of the bank account and appointing new officers.
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Republic v Wilson Sossion Secretary General Knut & 2 others; Valentino Muriunga (Interested Party) Ex Parte Caxton Miungi [2020] KEELRC 38 (KLR)
✦ The suspension decision is illegal, null and void as the 1st Respondent (KNUT) has no capacity under the KNUT constitution to undertake the removal or replacement of any branch officials.
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Joseph Ouko Lwambe v Royal Garment Industries Limited [2020] KEELRC 274 (KLR)
✦ Application is dismissed with costs to the Claimant
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Linus Songwa Musamali v Bamco Construction Company [2020] KEELRC 1933 (KLR)
✦ The claim is found without merit and dismissed with costs.
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Lynus Kiplimo Too v Moi Teaching and Referral Hospital [2020] KEELRC 1915 (KLR)
✦ The Court found the dismissal to be fair and upheld the respondent's decision.
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Okello & another v Cabinet Secretary for Industrialization, Trade and Enterprise Development & another; Ngutari & 7 others (Interested Parties) (Petition 100 & 99 of 2020 (Consolidated)) [2020] KEELRC 289 (KLR) (30 October 2020) (Judgment)
✦ The Tribunal is a local tribunal and its members are judicial officers, appointed by the Judicial Service Commission (JSC). The appointment of the 1st to 5th Interested Parties was not ultra vires and did not violate Article 27 of the Constitution.
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Dickson Kiplagat Kasebe v National Police Service Commission [2020] KEELRC 1923 (KLR)
✦ Application dismissed with costs
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Patrick Handa v Rai Plywoods (K) Limited [2020] KEELRC 1920 (KLR)
✦ The Claimant's suspension and indictment were reasonable and founded on reasonable cause. The dismissal of the Claimant was in accordance with the Employment Act, 2007.
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Kenya County Government Workers Union v The Attorney General & 4 others [2020] KEELRC 271 (KLR)
✦ The court found that the secondment process was valid and that the union members should not be terminated for lack of documentation. The court also found that the union members have the right to participate in labor relations and collective bargaining agreements.
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Francis Nyongesa Okumu v SEB Estates Limited [2020] KEELRC 277 (KLR)
✦ Claimant's claim is upheld, and he is awarded compensation for unfair termination, unpaid house allowance, and underpayment of salary.
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Monica Kasika v Ministry of State of Defence & another [2020] KEELRC 305 (KLR)
✦ The Petition is dismissed for want of prosecution with costs in the cause.
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Abdi Dubow Koriow v Hassan Nassip Jelle & 3 others [2020] KEELRC 298 (KLR)
✦ The Court finds no legitimate expectation arose in the circumstances of this case. The Petitioner did not prove the allegations on failure to meet the expectations of the values and principles of the public service in the appointment of the 1st Respondent. There was no evidence presented to show the 1st Respondent did not merit the appointment. The Petitioner's claim for unpaid salary is dismissed as he unilaterally resigned and his appeals were unsuccessful.