Kenyan case law
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Juma & 5 others v Kenya Pipeline Company Limited (Cause 80, 81, 82, 83, 84 & 85 of 2017 (Consolidated)) [2022] KEELRC 69 (KLR) (13 May 2022) (Judgment)
✦ The disciplinary process was unfair and did not adhere to the requirements of section 41 of the Employment Act, 2007.
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Katore v Rabco Agencies Limited (Cause 571 of 2016) [2022] KEELRC 1153 (KLR) (13 May 2022) (Judgment)
✦ The Court finds the claimant was a casual employee and not a service subject to minimum statutory terms. The claimant's claims and prayers are dismissed.
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Murithi v SGS Kenya Limited (Cause 328 of 2018) [2022] KEELRC 1325 (KLR) (13 May 2022) (Judgment)
✦ The summary dismissal was unfair and the respondent failed to maintain a sexual harassment policy.
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Kenya Petroleum Oil Workers’ Union v Skyman fuels Limited(Kenol Bamburi Service Station) & another (Cause 7 of 2019) [2022] KEELRC 1138 (KLR) (13 May 2022) (Judgment)
✦ The Court finds that the claimant failed to particularise the claims and to strictly prove the same, and thus the grievants are entitled to a certificate of service.
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Ngoka v Motrex Limited (Cause 917 of 2016) [2022] KEELRC 1220 (KLR) (13 May 2022) (Ruling)
✦ The application is allowed, the order of dismissal is set aside, and the suit is reinstated for full hearing on priority basis.
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Kidusu v Sifa Investments Limited (Cause 813 of 2017) [2022] KEELRC 39 (KLR) (13 May 2022) (Judgment)
✦ The suit is determined with orders.
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Karisa v Kitui Flour Mills Limited & another (Cause 35 of 2021) [2022] KEELRC 58 (KLR) (13 May 2022) (Ruling)
✦ The claimant's suit is partially successful, and the preliminary objection is dismissed. The Court orders the parties to bear their own costs and to proceed with the suit.
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Musyoka & 33 others v Insulae Africana Limited & 2 others (Cause 970 of 2016) [2022] KEELRC 62 (KLR) (13 May 2022) (Ruling)
✦ The court awards one-month basic pay at the rates pleaded in the reply and defence to each claimant, and 7-month salary arrears for each claimant.
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Kenya Chemical Workers Union v Krystalline Salt Limited (Cause 77 of 2019) [2022] KEELRC 1124 (KLR) (13 May 2022) (Judgment)
✦ The Court orders the respondent to sign the draft recognition agreement by June 30, 2022 and to continue deducting and remitting union dues for all recruited unionisable employees.
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Kenya Shipping Clearing Freight Logistics and Warehouses Workers Union v Multiple Icd (K) Limited (Cause 94 of 2019) [2022] KEELRC 56 (KLR) (13 May 2022) (Judgment)
✦ The Court dismisses the claimant's memorandum of claim and orders each party to bear their own costs.
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Jason & 2 others v Board of Coast Provincial General Hospital & another (Cause 635 of 2014) [2022] KEELRC 49 (KLR) (13 May 2022) (Judgment)
✦ The suit is dismissed with no orders on costs.
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Musau v Kenya Power & Lighting Company Limited (Cause 71 of 2021) [2022] KEELRC 1140 (KLR) (13 May 2022) (Judgment)
✦ The court finds the dismissal unfair and wrongful.
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Nyiva & 13 others v Insulae Africana Limited & 2 others (Cause 969 of 2016) [2022] KEELRC 1412 (KLR) (13 May 2022) (Judgment)
✦ Judgment is entered for the respondents, dismissing the suit with each party bearing their own costs.
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Maingi v Bakers Corner Company Limited (Cause 503 of 2016) [2022] KEELRC 1683 (KLR) (13 May 2022) (Ruling)
✦ The application is found to be without merit and is dismissed with no orders for costs.
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Ali v Grain Industries Limited (Cause 3 of 2020) [2022] KEELRC 1165 (KLR) (13 May 2022) (Judgment)
✦ The court finds the termination unlawful and unfair, and awards the claimant compensation and costs.
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Owuor v Sameer Agriculture and Livestock Limited (Cause 1442 of 2015) [2022] KEELRC 1421 (KLR) (13 May 2022) (Ruling)
✦ Interest rate is 12% per annum as provided in the Practice Rules of 1982. The application is dismissed with costs.
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Amalgamated Union of Kenya Metal Workers v Pelican Signs limited (Cause 317 of 2019) [2022] KEELRC 1693 (KLR) (13 May 2022) (Ruling)
✦ The court dismissed the application, finding the prayers absurd and noting the doctrine of res judicata.
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Odhiambo & 4 others v Total Security Surveillance Limited (Cause 209 of 2016) [2022] KEELRC 63 (KLR) (13 May 2022) (Judgment)
✦ The suit is dismissed as time barred under section 90 of the Employment Act, 2007, and the claimants were constructively terminated on September 19, 2011.
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Ndupha v Mandeep Singh Construction (K) Limited (Cause 2624 of 2016) [2022] KEELRC 1419 (KLR) (13 May 2022) (Judgment)
✦ The claimant was found to be under the respondent’s employment as from May, 2015, and the termination was found to be unlawful and unfair.
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Ondo & another v Ethics and Anti-Corruption Commission & 2 others; Acting Deputy Chief Executive Officer of Ethics and Anti-Corruption Commission & another (Interested Parties); Njenga (Exparte) (Petition E113 of 2021 & Judicial Review Application E019 of 2021 (Consolidated)) [2022] KEELRC 1398 (KLR) (13 May 2022) (Judgment)
✦ The Court held that the Ethics and Anti-Corruption Commission is an independent commission established under the Constitution and is not bound by the Public Service Commission Act.
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Gachoka v Protocol Solutions Limited (Cause 1516 of 2014) [2022] KEELRC 12713 (KLR) (12 May 2022) (Ruling)
✦ The court finds the application without merit and dismisses it with costs.
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Kenya Union of Domestic, Hotels, Education Institutions, Hospital and Allied Workers (KUDHEIHA Workers) v Gathugu Secondary School & another (Cause E003 of 2021) [2022] KEELRC 1655 (KLR) (12 May 2022) (Judgment)
✦ The Claimant has recruited a simple majority of the unionisable employees of the Respondent and is entitled to have the Respondent compelled by this Court to sign the recognition agreement.
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Wambua v Open Hire (Cause 691 of 2015) [2022] KEELRC 12708 (KLR) (12 May 2022) (Judgment)
✦ The court finds in favor of the claimant, awarding notice pay, leave pay, service pay, house allowance, and wage deductions.
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County Assembly of Kericho & another v Bett & another (Miscellaneous Civil Cause E001 of 2020) [2022] KEELRC 1213 (KLR) (12 May 2022) (Ruling)
✦ The court will not interfere with the decision of a taxing officer except in cases where the applicant demonstrates an error in principle or the quantum is manifestly excessive or too low, leading to injustice.
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Litiema v Masinde Muliro University of Science and Technology (MMUST) (Cause 33 of 2021) [2022] KEELRC 1320 (KLR) (12 May 2022) (Judgment)
✦ The termination of the Claimant's employment was unlawful.