Kenyan case law
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Aisha Omar Ramadhan v Chairman, Langata Constituency Development Fund [2019] KEELRC 52 (KLR)
✦ The court found the termination invalid due to lack of valid reason and dismissed the claimant's request for salary arrears and other damages.
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Benjamin Ngila Michael v Mehta Electricals Limited [2019] KEELRC 240 (KLR)
✦ The termination was unfair due to lack of a valid reason and due process.
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JA (Suing Through His Brother And Next Friend Asa v Attorney General [2019] KEELRC 285 (KLR)
✦ The court lacks original jurisdiction to determine the reassessment of the degree of disability for purposes of assessing disability allowance, which lies with the Pensions Appeal Tribunal.
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Samuel Mbote Mweya v National Water Conservation & Pipeline Corporation [2019] KEELRC 155 (KLR)
✦ The Court finds valid grounds for terminating the Claimant's service and that the termination was done in accordance with fair procedure.
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Jane A. Litunya & 3 others v Jane Arende & 11 others [2019] KEELRC 267 (KLR)
✦ The Court finds that the Application is properly before the Court and the Claimants are entitled to the orders sought.
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Chrismer Express Limited v Kilimall International Ltd [2019] KEELRC 181 (KLR)
✦ Preliminary objection on point of law is disallowed and the suit shall proceed to full trial on merits.
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Technic Diesel Limited v Milcah Mutheni Ndiku [2019] KEELRC 280 (KLR)
✦ The Court grants leave to appeal out of time and a stay of execution pending appeal.
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Diana Kageni Mbari v National Empowerment Network of People With HIV/AIDS in Kenya (NEPHAK) [2019] KEELRC 287 (KLR)
✦ Claimant is awarded Kshs.188,000 for one month salary in lieu of notice and prorated salary for February 2006, and costs of the suit are awarded to the claimant.
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Kenya Hotels and Allied Workers Union v Hotel Royal Orchid [2019] KEELRC 2595 (KLR)
✦ The Court will decline to grant orders sought and dismiss the suit however with no order as to costs.
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Bernadette Nyambura Njoroge v Attorney General & another [2019] KEELRC 284 (KLR)
✦ The Court dismissed the applicant's application, finding that the Board's decision was made in good faith and without malice, and that the applicant had not exhausted the internal review and appeal procedure.
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Peter Mutisya Mwove v Pollman’s Tours & another [2019] KEELRC 278 (KLR)
✦ The summary dismissal was justified and the claimant is not entitled to pay in lieu of the termination notice. The claimant is entitled to a certificate of service as prayed for. The respondent’s counterclaim for towing charges is awarded.
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Bakery Confectionary Food Manufacturing & Allied Workers Union (K) v Sameer Agriculture and Livestock (K) Limited & another [2019] KEELRC 237 (KLR)
✦ The 1st respondent is a necessary party to the suit and the application to strike it out is dismissed.
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Dwasi v Cabinet Secretary for Environment and Natural Resources & another (Petition 35 of 2017) [2019] KEELRC 2562 (KLR) (22 November 2019) (Judgment)
✦ The court declared the application spent and that each party shall be their own costs.
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Babatunde A Taiwo v Sahan Africa Limited [2019] KEELRC 258 (KLR)
✦ Dismissal was fair due to misconduct, but the dismissal was unfair due to lack of procedural fairness.
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JRN v Judicial Service Commission (Petition 92 of 2019) [2019] KEELRC 279 (KLR) (22 November 2019) (Judgment)
✦ The Court found that the 19 months it took to determine the Petitioner's case was not inordinate or a violation of the right to fair administrative action. The Court also found that the Respondent had jurisdiction to conduct the disciplinary proceedings.
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Banking Insurance and Finance Union (K) v Ukulima Sacco Society Limited [2019] KEELRC 252 (KLR)
✦ The dismissal of Peter Musekali and Patrick Kipchumba is upheld. The dismissal of Dickson Mwanje is dismissed as there is no evidence to substantiate wrongful dismissal.
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Jane Mutuha Wasilwa v Postal Corporation of Kenya (Cause 341 of 2014) [2019] KEELRC 290 (KLR) (Employment and Labour) (22 November 2019) (Judgment)
✦ The termination was lawful and fair, and the Claimant is not entitled to the reliefs sought.
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Joel Nyabuti Aricha v Karibu Hotel [2019] KEELRC 275 (KLR)
✦ The termination was unfair both procedurally and substantively, and the Claimant is entitled to salary in lieu of notice and payment for 13 days worked in March 2014.
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Republic v Attorney General Julius O. Ogutu (Ex parte) [2019] KEELRC 223 (KLR)
✦ The court finds no reason to deny the applicant the orders sought in the application and issues an order of mandamus directing the Hon. Attorney General to pay the applicant the decree amount and interest.
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Roselyne Kiunga Riungu v Agriculture and Climate Risk Enterprise [2019] KEELRC 2593 (KLR)
✦ The Court found the infractions minor and that the Claimant reasonably explained herself. The termination was disproportionate and unfair.
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Kenya Nut Company Limited v David Ngimoe Matogoro [2019] KEELRC 2587 (KLR)
✦ Interim injunction issued to restrain auctioneer from leasing, dismantling, or committing acts of waste over the vehicle.
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Nicholus Muchiri Mathai v Keroche Breweries Limited [2019] KEELRC 229 (KLR)
✦ Judgment is entered for the claimant for leave pay at Ksh.6,125.00; overtime pay Ksh.102,375.00; and costs of the suit.
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Nathan Kipruto Kemboi v University of Eldoret [2019] KEELRC 262 (KLR)
✦ The court finds the dismissal justified and denies reinstatement. The claimant is awarded notice pay and 25% of his costs.
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Elema Guyo Elema & 14 others v Jiangxi Zhongmei Engineering Construction Co. Ltd [2019] KEELRC 298 (KLR)
✦ The termination process was found to be unlawful, and the court ordered the payment of two month's pay in lieu of notice, gratuity/service benefits, maximum compensation for unfair termination, underpayment of wages, annual leave dues, unpaid house allowance, and overtime for Sundays.
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Andrew Khaemba v Afriscan Kenya Limited [2019] KEELRC 255 (KLR)
✦ The court directs the respondent to attend and produce books of accounts, and to settle the decretal sum on or before December 9, 2019. In the alternative, the injunctions are lifted.