Kenyan case law
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Muriithi v Music Copyright Society of Kenya (Employment and Labour Relations Cause E533 of 2021) [2024] KEELRC 13586 (KLR) (13 December 2024) (Ruling)
✦ The Court awards the Claimant his terminal dues including unpaid salaries, notice pay, and a certificate of service.
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Kenya Plantation & Agricultural Workers Union v Shalimar Flowers Ltd (Cause 57 of 2021) [2024] KEELRC 13439 (KLR) (13 December 2024) (Judgment)
✦ The court finds the termination wrongful, unfair, and unlawful and orders compensation, salary in lieu of notice, salary arrears, gratuity, and leave traveling allowance.
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Kamande v H Young & Company [East Africa] Limited (Cause 902 of 2017) [2024] KEELRC 13395 (KLR) (13 December 2024) (Judgment)
✦ The termination was procedurally and substantively unfair.
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Musyoka Murumbi & Associates v Concord Savings and Credit Co-operative Society (Miscellaneous Case E203 of 2021) [2024] KEELRC 13427 (KLR) (13 December 2024) (Ruling)
✦ The Court denied the application for leave to file a reference out of time due to the Applicant's failure to satisfactorily explain the delay in filing the application.
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Wesafu v Mibrinesh Investments (Miscellaneous Application E187 of 2023) [2024] KEELRC 13412 (KLR) (13 December 2024) (Ruling)
✦ The court awards the orders sought by the applicant, including judgment adoption, damages, interest, and costs.
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Nyaga v Langfields Systems Limited & another (Employment and Labour Relations Cause 262 of 2017) [2024] KEELRC 13514 (KLR) (13 December 2024) (Ruling)
✦ The court should extend time to file the amended Statement of Claim out of time due to the Claimant/Applicant's misunderstanding and lost phone, despite the Respondent's argument of lack of interest and non-compliance.
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Mwangi v East African Breweries Limited (Cause 993 of 2014) [2024] KEELRC 13462 (KLR) (13 December 2024) (Judgment)
✦ The court found the termination to be unfair due to procedural and substantive issues.
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Onyancha & 2 others v Registrar of Trade Union (ROTU) & another; Kenya Medical Practitioners, Pharmacists & Dentist Board (Interested Party) (Employment and Labour Relations Appeal E059 of 2024) [2024] KEELRC 13571 (KLR) (13 December 2024) (Judgment)
✦ The Registrar of Trade Unions did not err in law and fact on her ruling on the issue of logo and slogans while making her decision. The proposed name, Kenya Medical Doctors Union or Kenya Union of Medical Doctors and Associates (KUMDA) is pretty much similar to the existing one Kenya Medical Practitioners, Pharmacists, and Dentist Union (KMPDU) and in the event, it is registered as it is it will confuse both the public and the health practitioners.
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Bittok v New Kenya Cooperative Creameries Limited (Cause 408 of 2017) [2024] KEELRC 13421 (KLR) (13 December 2024) (Judgment)
✦ The dismissal of the claimant was wrongful, unfair, and unlawful for lack of procedural fairness.
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Banking Insurance & Finance Union [Kenya] v M Oriental Bank Limited (Cause 1644 of 2018) [2024] KEELRC 13426 (KLR) (13 December 2024) (Judgment)
✦ The Court held that the issue of overtime was mutually resolved on or about the 9th of May 2017, and the Respondent did not breach the terms of the Collective Bargaining Agreement.
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Ponders Limited v Kihumba (Employment and Labour Relations Appeal E049 of 2024) [2024] KEELRC 13450 (KLR) (13 December 2024) (Ruling)
✦ The application is granted, and the decretal sum of Kshs. 389,879.40 /= shall be deposited in a joint interest earning account opened in joint names of the Appellant/Applicant and Respondents’ advocates by 28th January 2025.
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Maina v Lavington Security Limited (Cause 1815 of 2017) [2024] KEELRC 13516 (KLR) (13 December 2024) (Judgment)
✦ The Court finds that the Claimant voluntarily resigned from his employment and does not establish constructive dismissal.
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Badokufa v Unicool International (Cause 1581 of 2017) [2024] KEELRC 13416 (KLR) (13 December 2024) (Judgment)
✦ The Court found the dismissal to be unfair.
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Kenya Plantation & Agricultural Workers Union v Bilashaka Flowers Limited (Cause E028 of 2022) [2024] KEELRC 13422 (KLR) (13 December 2024) (Judgment)
✦ The dismissal was wrongful, unfair, and unlawful.
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Elemech Engineering Ltd & another v Muthendu (Appeal E068 of 2024) [2024] KEELRC 13402 (KLR) (11 December 2024) (Ruling)
✦ The Appellants' latest application for ex parte stay of execution is dismissed
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Ngogi v National Cereals and Produce Board (Cause 35 of 2019) [2024] KEELRC 13414 (KLR) (11 December 2024) (Judgment)
✦ The court found that the Respondent had valid reasons to terminate the Claimant's employment and that the Respondent followed due process.
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Tarus v Iten County & Refferal Hospital (Employment and Labour Relations Appeal E007 of 2021) [2024] KEELRC 13397 (KLR) (11 December 2024) (Judgment)
✦ The Appellant is an employee of the Respondent, and the Respondent is an employer under the Employment Act.
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Simnake v Official Liquidator of Eldoret Matresses Company Ltd in Insolvency & 2 others (Cause 208 of 2017) [2024] KEELRC 13398 (KLR) (11 December 2024) (Judgment)
✦ The court finds that the Respondent acted in disregard to Section 40(1)(a) and (b) by failing to notify the Claimant and the Labour Officer of the intention to carry out redundancy at least one month before the redundancy, making the redundancy procedurally unlawful.
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Dena v Ngugi (Appeal 145 of 2023) [2024] KEELRC 13411 (KLR) (11 December 2024) (Judgment)
✦ The Appellant was not an employee of the Respondent
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Aqiq Trading Limited v Nyakundi (Appeal E143 of 2023) [2024] KEELRC 13466 (KLR) (11 December 2024) (Judgment)
✦ The Appellant’s employment was terminated by the contract expiring on 30 June 2020, not by the Appellant.
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Mulama v Cezam & Associates Limited (Cause 152 of 2019) [2024] KEELRC 13382 (KLR) (11 December 2024) (Ruling)
✦ The judgment is set aside, and the matter is ordered to be heard afresh.
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Nyane v Western Steel Mills Ltd & another (Employment and Labour Relations Cause 156 of 2017) [2024] KEELRC 13396 (KLR) (11 December 2024) (Judgment)
✦ The 2nd Respondent is found to be the employer of the Claimant, and the Claimant is awarded unpaid leave, service pay, pay in lieu of notice, compensation, public holidays, unpaid days off, and overtime. The 2nd Respondent is ordered to meet costs.
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High-Tech Cylinder Manufacturing Company Limited v Wamukota (Appeal E012 of 2023) [2024] KEELRC 13377 (KLR) (11 December 2024) (Ruling)
✦ The court grants a stay of execution of the judgment and decree delivered on 1st of December 2023
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Kenya Union of Commercial, Food and Allied Workers v Pavan Auto Hardware (Cause E022 of 2023) [2024] KEELRC 13413 (KLR) (11 December 2024) (Judgment)
✦ The Claimant is the correct union for representation of the employees of the Respondent.
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Kombura v Omollo & 2 others (Petition E018 of 2024) [2024] KEELRC 13425 (KLR) (10 December 2024) (Ruling)
✦ The application for stay is dismissed, and the motion is dismissed with no order as to costs.