Kenyan case law
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Kenya Union of Domestic Hotels, Education, Institution and Hospital Workers v Baba Dogo Catholic Church School [2018] KEELRC 378 (KLR)
✦ The Court held that the termination was not lawful and ordered the Respondent to pay damages to the Grievants.
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Edwin Gichangi v Kenya Cultural Centre [2018] KEELRC 363 (KLR)
✦ The application is dismissed as the Contempt of Court Act is now invalid due to its inconsistency with the Constitution.
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Francis Irungu Karungu v East African Sea Food Ltd [2018] KEELRC 242 (KLR)
✦ Claimant is ordered to be paid a total of Kshs 258,139.30, subject to taxes and statutory deductions.
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Michael Oimo v ICEA Lion Lifeassurance Company Limited [2018] KEELRC 342 (KLR)
✦ The termination was procedurally unfair but procedurally fair in substance. The claimant is entitled to a declaration of unfair termination, one month salary in lieu of notice, and 3 months' gross salaries in compensation.
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Bhupinder Singh Kalsi & another v Kenya Airways PLC [2018] KEELRC 173 (KLR)
✦ The court declines the respondent's request for confidentiality and in camera proceedings, directing the respondent to file a response within 14 days.
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Peter Ngari Kariuki v Rift Valley Railways (K) Ltd [2018] KEELRC 479 (KLR)
✦ The dismissal of the Claimant was unfair due to the driver's recklessness and the Respondent's failure to lead evidence.
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Jerusha Nyambura Maingi v Sen-Tech Limited [2018] KEELRC 370 (KLR)
✦ The Court found the termination unfair and ordered the Respondent to pay the Claimant maximum compensation, general damages for unlawful redundancy, and costs of the suit.
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Dona Musimbi Elisha v Madam Anna [2018] KEELRC 437 (KLR)
✦ The application is allowed, and the Claimant is given one last chance.
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Boaz Omori Obop v Metal Crowns Limited [2018] KEELRC 394 (KLR)
✦ The termination was found to be unlawful due to lack of due process and valid reason. The claimant is awarded Kshs.457,144.00 for 8 months' salary.
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Julius Auka Ongadi v Patriotic Guards Limited [2018] KEELRC 346 (KLR)
✦ The court finds the termination of the contract of service unlawful and unfair, and awards the claimant 10 months' gross salaries in compensation and Kshs. 13,000 in lieu of one month termination notice.
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Chris Oanda v Kenya Airways [2018] KEELRC 126 (KLR)
✦ Documents were lawfully obtained and expunging them and the offending paragraphs of the witness statement is declined
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Peter Lichungu v Kenya Power & Lighting Company [2018] KEELRC 124 (KLR)
✦ Application for leave to file an appeal out of time is dismissed due to unreasonable delay and lack of jurisdiction
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Jackson Thiong’o Michwe v Equity Bank Limited [2018] KEELRC 159 (KLR)
✦ The summary dismissal was wrongful and unfair due to lack of justifiable reason.
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Ngethe Karuku Kage v MFI Documents Solutions Limited [2018] KEELRC 325 (KLR)
✦ The court finds the claimant's suit statute barred and strikes it out with costs.
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Benard Rachieg v Suntory Beverage and Food (K) Limited [2018] KEELRC 125 (KLR)
✦ The application is dismissed with costs as the claim was filed in a court without jurisdiction and the Employment and Labour Relations Court has no jurisdiction to transfer the suit.
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Republic v Human Resource Advisory Committee - Rural Electrification Authority & another; Ex-parte Irene Chesang [2018] KEELRC 196 (KLR)
✦ The application for judicial review is dismissed with costs. The stay of execution and the injunction are not granted.
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Samwel Odero Onyango v Bedrock Holding Security Ltd [2018] KEELRC 375 (KLR)
✦ The Court dismisses the Claimant's claims for special damages and rent and electricity refund.
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Kenya Scientific Research International Technical and Institutions Workers Union v Black and Beauty Products & another [2018] KEELRC 477 (KLR)
✦ The court held that the claimant union does not have locus standi to institute the suit on behalf of the grievants.
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Kenya Union of Hair and Beauty Salon Workers v Black Beauty Products Ltd; Kenya Scientific Research International& Technical Institutions Workers Union (Interested Party) [2018] KEELRC 142 (KLR)
✦ The court grants leave to change counsel but declines to review or vary its decision of June 14, 2018, and declines to reinstate the suit.
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Caroline Makandi Mworia v Kenafric Industries Limited [2018] KEELRC 353 (KLR)
✦ The Court finds the termination unfair due to the restructuring and redundancy, and awards the claimant 7 months' gross salaries in compensation for unfair termination.
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Richard Mutsoli Angatia v Two Four Seven Services Ltd & another [2018] KEELRC 439 (KLR)
✦ The Court finds the termination unfair and awards the Claimant pay in lieu of notice, compensation, pro rata leave, and salary for September 2012.
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Rehema Diana Ogana v Streetwise Media Services Limited [2018] KEELRC 247 (KLR)
✦ The court found that the claimant's salary increase was not valid and that her dismissal was unjustified due to the allegations of misconduct. The court ordered the respondent to pay taxes and statutory deductions on the items (a) (b) (c) and (d).
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Leva Timber Hardware Limited v Kamal L. Vaghela [2018] KEELRC 127 (KLR)
✦ The Counter Claim is dismissed in its entirety as the Defendant failed to prove the claims for salary arrears and refund of monies obtained from him under duress and/or coercion.
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John Wachira Gikonyo & 9 others v County Government of Laikipia [2018] KEELRC 175 (KLR)
✦ The retirement notice issued to the claimants was premature and illegal.
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Kenya Union of Employees of Voluntary and Charitable Organisations (Kuevaco) v De La Rue Currency & Security Print Limited [2018] KEELRC 213 (KLR)
✦ The court finds that the players were entitled to termination notice payments but not to the claimed salaries and allowances.