Kenyan case law
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Ngunya Building & General Contractors Ltd v Omondi (Appeal E004 of 2022) [2022] KEELRC 13390 (KLR) (5 December 2022) (Judgment)
✦ The court found that the learned magistrate did not exercise her discretion judiciously and dismissed the appeal.
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Kimonye v Kenya Meat Commission (Cause 465 of 2017) [2022] KEELRC 13387 (KLR) (5 December 2022) (Ruling)
✦ The court denied the application for stay of execution and re-opening of the case, finding that the grounds were not sufficient and that the applicant had not met the threshold for setting aside the judgment.
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Benjamin & another v Kihika & 3 others; Maara & 14 others (Interested Parties) (Petition E013 & E014 of 2022 (Consolidated)) [2022] KEELRC 13361 (KLR) (5 December 2022) (Judgment)
✦ The court quashes the 1st Respondent's press release or any document of the purported nomination/appointment of the interested parties and orders the Respondents to perform their duties as contemplated in the constitution, the County Government Act, and all enabling provisions of the constitution.
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Osoo v Mobile Financial Solutions Limited (Cause E227 of 2022) [2022] KEELRC 13386 (KLR) (5 December 2022) (Ruling)
✦ The court is satisfied that Ms Eva Wanjiku was competent to swear the replying affidavit and finds that the applicant has made a sustainable case for the grant of the remedy of reinstatement and an injunction to restrain the respondent from recruiting or replacing the applicant for the position of head of operations.
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Waweru v Eddahs Hope Cancer Center (Cause 807 of 2017) [2022] KEELRC 13395 (KLR) (5 December 2022) (Judgment)
✦ Judgment is entered for the claimant for outstanding leave, withheld salary, refund, service pay, and costs.
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John Major Mukenya & another v Lusaka & 2 others (Constitutional Petition E009 of 2022) [2022] KEELRC 13373 (KLR) (2 December 2022) (Ruling)
✦ The court finds no basis to grant conservatory orders and vacates its interim order. The application is dismissed.
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Murithi v Xplico Insurance Co Ltd (Cause 175 of 2018) [2022] KEELRC 13491 (KLR) (2 December 2022) (Judgment)
✦ The court found that the claimant was not constructively dismissed and dismissed the claim.
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Torch Africa & 3 others v Wangamati, Governor & 8 others; Mulama & 2 others (Interested Parties) (Petition E001 of 2020) [2022] KEELRC 13379 (KLR) (2 December 2022) (Ruling)
✦ The application is allowed with costs to the respondent/petitioner
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Momanyi v Pressmaster Africa Ltd (Appeal E091 of 2021) [2022] KEELRC 13423 (KLR) (2 December 2022) (Judgment)
✦ The appeal is dismissed.
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Chikamai v Frodak Kenya Ltd & another (Miscellaneous Case E009 of 2022) [2022] KEELRC 13368 (KLR) (2 December 2022) (Ruling)
✦ The court finds the application was filed after the appeals were lodged and thus takes precedence. The court dismisses the application as the respondent is not forum shopping.
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West Kenya Sugar Company Limited v Lihungu (Miscellaneous Application E016 of 2022) [2022] KEELRC 13370 (KLR) (2 December 2022) (Ruling)
✦ The applicant is granted extension of time and leave to file notice of appeal and the record of appeal within 45 days of this order. There shall be a stay of execution of the judgment and/or decree pending the filing, hearing and determination of the intended appeal.
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Devki Steel Mills Ltd v Baraza (Appeal 55 of 2018) [2022] KEELRC 13414 (KLR) (2 December 2022) (Judgment)
✦ The court declares the trial magistrate's decision a nullity and strikes out the appeal for lack of jurisdiction.
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Paragon Electronics Limited v Andako (Appeal 63 of 2022) [2022] KEELRC 13422 (KLR) (2 December 2022) (Judgment)
✦ The trial court's judgment is declared invalid and the appeal is struck out for want of jurisdiction.
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Indeche v Daly & Inmdar Advocates (A FIRM) (Cause 2024 of 2016) [2022] KEELRC 13492 (KLR) (2 December 2022) (Judgment)
✦ The termination of the claimant's employment was found to be unfair.
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Munene v United States International University [USIU] (Cause 105 of 2019) [2022] KEELRC 13360 (KLR) (2 December 2022) (Ruling)
✦ The Court finds that the Constitution of Kenya is secular and does not require the name of God to be mentioned in oaths or affirmations. The Claimant shall be affirmed under the form of an affirmation provided for in Section 16 of the Oaths and Statutory Declarations Act.
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Kenya Union of Sugar Plantation and Allied Workers v West Kenya Sugar Company Limited (Employment and Labour Relations Cause 40 of 2021) [2022] KEELRC 13393 (KLR) (2 December 2022) (Ruling)
✦ The court granted the application and issued an order of stay of execution of the previous judgment and decree pending the filing, hearing, and determination of the intended appeal, with a condition that the total decretal sum of Kshs 807,906.50/- is deposited in court within 30 days.
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Kenya Wine Agencies Ltd v Murungu (Appeal E 016 & E 019 of 2021 (Consolidated)) [2022] KEELRC 13413 (KLR) (2 December 2022) (Judgment)
✦ The appeal by the Appellant is allowed and the judgment of the trial court is set aside in its entirety. The appeal by the Respondent is dismissed.
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Odongo v Masinde Muliro University of Science and Technology (Cause E025 of 2022) [2022] KEELRC 13363 (KLR) (2 December 2022) (Ruling)
✦ The court ordered the respondent to release the withheld salaries for May, June, July, and August 2022, and to process the claimant's salary for August 2022.
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Khaoya v Chairman County Public Service Board & 3 others (Employment and Labour Relations Petition E001 of 2020) [2022] KEELRC 13385 (KLR) (2 December 2022) (Ruling)
✦ The application for change of advocates is allowed with costs to the respondent/petitioner.
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Torch Africa & 3 others v Governor & 8 others; Mulama & 2 others (Interested Parties) (Petition E003 of 2020) [2022] KEELRC 13376 (KLR) (2 December 2022) (Ruling)
✦ The application is allowed with costs to the respondent/petitioner.
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Henry & 4 others v County Government of Vihiga (Cause 76 of 2021) [2022] KEELRC 13371 (KLR) (2 December 2022) (Ruling)
✦ The court denied the application for a stay of proceedings and costs, finding that the applicant's notice of motion application was not properly supported by the affidavit of the county solicitor.
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Mwalimu Plus Limited v Cheruto (Employment and Labour Relations Appeal 13 of 2020) [2022] KEELRC 13417 (KLR) (2 December 2022) (Judgment)
✦ The court finds that the trial magistrate erred in concluding that the Respondent was constructively dismissed and in awarding her compensation.
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Akinyi & 7 others v Shurie & 2 others (Cause 893 of 2017) [2022] KEELRC 13364 (KLR) (2 December 2022) (Ruling)
✦ The documents are public and relevant to a different case, and their production does not violate the Access to Information Act or the Respondents' confidentiality policy.
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Kenya Union of Sugar Planation & Allied Workers v Busia Sugar Industries Limited (Cause 56 of 2021) [2022] KEELRC 13365 (KLR) (2 December 2022) (Ruling)
✦ The court finds that the application is not untimely and that the dismissal was due to an excusable mistake, thus allowing the reinstatement of the suit.
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Cheto v Frodak Kenya Limited & another (Miscellaneous Application 14 of 2022) [2022] KEELRC 13374 (KLR) (2 December 2022) (Ruling)
✦ The court admitted the appeal out of time, finding that the applicant had a good and sufficient cause for the delay.