Kenyan case law
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Indangasi v Friends of Lugulu Mission Hospital (Cause 3 of 2018) [2022] KEELRC 13367 (KLR) (1 December 2022) (Judgment)
✦ The court found that the termination was lawful and fair, and the claimant is not entitled to the reliefs sought.
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Auto Continetal Limited v Chome (Appeal E003 of 2020) [2022] KEELRC 13353 (KLR) (1 December 2022) (Ruling)
✦ The appeal is dismissed for want of prosecution.
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Tome v Bungoma County Assembly Service Board (CASB) & 2 others (Cause E011 of 2021) [2022] KEELRC 13366 (KLR) (1 December 2022) (Ruling)
✦ The court dismissed the petition as it was found to be in conflict with the provisions of section 77(1) and (2) of the County Government Act.
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Kenya Plantations and Agricultural Workers Union v Exotic Penina Fields Group (Formerly Carnations Plants) (Cause 2045 of 2017) [2022] KEELRC 13349 (KLR) (1 December 2022) (Ruling)
✦ The application is dismissed with costs.
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Nyandusi v Independent Electoral and Boundaries Commission & 2 others (Petition E025 of 2022) [2022] KEELRC 13342 (KLR) (1 December 2022) (Ruling)
✦ Court lacks jurisdiction to hear the application and petition
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Ogolla v Maasai Mara University (Cause 59 of 2019) [2022] KEELRC 13347 (KLR) (1 December 2022) (Ruling)
✦ Application allowed to allow respondent/defendant to file defence out of time
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Simiyu v Nzoia Sugar Company Ltd (Cause E005 of 2021) [2022] KEELRC 13382 (KLR) (1 December 2022) (Ruling)
✦ The application for stay of execution pending appeal is declined
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Vincent v Akosi; Kakamega County Assembly Service Board & another (Interested Parties) (Constitutional Petition E010 of 2022) [2022] KEELRC 13380 (KLR) (1 December 2022) (Ruling)
✦ Court finds that the petition lacks merit and dismisses it.
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Ogello v Sidian Bank Limited (Cause 764 of 2019) [2022] KEELRC 13351 (KLR) (1 December 2022) (Ruling)
✦ The court finds that the claimant was not entitled to commission for the month of December 2016 as it was not pleaded and not proved by the claimant.
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Peter v Board of Management Kenya Kids Learning Centre (Cause 29, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27 & 28 of 2017 (Consolidated)) [2022] KEELRC 13356 (KLR) (1 December 2022) (Judgment)
✦ The court finds that the dismissal was lawful and fair, and the claimants are not entitled to compensation for the alleged dismissal. The court awards underpayment of salary.
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Wells Fargo Limited v Dzuya (Appeal 25 of 2020) [2022] KEELRC 13354 (KLR) (1 December 2022) (Ruling)
✦ The Court reviews and sets aside the strike-out order of the appeal and allows the application to determine the appeal on its merits.
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Samson v Mohan & another (Cause 52 of 2018) [2022] KEELRC 13372 (KLR) (1 December 2022) (Judgment)
✦ The court found the termination of employment to be unfair and unlawful, and dismissed the claimant's reliefs.
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Kenya Union of Domestic, Hotels, Educational Institutions and Hospital Worker [KUDHEIHA] v Shree Swaminarayan Academy (Cause 695 of 2016) [2022] KEELRC 13357 (KLR) (1 December 2022) (Ruling)
✦ The Court dismissed the Claimant's Notice of Motion and ordered it to be dismissed with costs.
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Maluki v Tiny Totos Kenya Limited (Cause E317 of 2020) [2022] KEELRC 13359 (KLR) (1 December 2022) (Ruling)
✦ The court upheld the objection and excluded the audio recordings and phone call transcript from the trial.
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Naushad Trading Company Limited v Mokua (Appeal 047 of 2022) [2022] KEELRC 13352 (KLR) (1 December 2022) (Ruling)
✦ The application for a stay of execution pending appeal is dismissed with costs.
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Muliro v Kibabii University (Cause 61 of 2018) [2022] KEELRC 13377 (KLR) (1 December 2022) (Judgment)
✦ The claimant's case was not competent due to the non-execution of the verifying affidavit and pleadings by the claimant.
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Alpha Logistics Services EPZ Ltd v Magistrate’s Court Mombasa & another (Appeal E006 of 2021) [2022] KEELRC 13358 (KLR) (1 December 2022) (Judgment)
✦ The 2nd Respondent will have costs of proceedings in the lower Court and interest.
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Njoroge v Cabinet Secretary, Ministry of Education & 3 others; Bunyi & 2 others (Interested Parties) (Petition E015 of 2022) [2022] KEELRC 13343 (KLR) (1 December 2022) (Ruling)
✦ The preliminary objection is dismissed, and the court directs the parties to proceed with the main application/petition.
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Jonyo v Kisumu National Polytechnic & 8 others (Cause E001 of 2022) [2022] KEELRC 13345 (KLR) (1 December 2022) (Judgment)
✦ The Court found that the Claimant did not have a legitimate expectation for renewal of his contract and dismissed the claim.
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Owuor v Logitude International Ltd (Cause 111 of 2017) [2022] KEELRC 13355 (KLR) (1 December 2022) (Judgment)
✦ The Court finds in favor of the Claimant, awarding him Ksh 128,400 in unpaid commission and costs of the suit.
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Kenya Tertiary & School Workers’ Union ‘KETASWU’ v Board of Management Khwisero Girls Secondary School (Cause 18 of 2021) [2022] KEELRC 13369 (KLR) (1 December 2022) (Judgment)
✦ The court found that the claimant had locus standi to bring the suit on behalf of the grievant and that the suspension of the grievant amounted to constructive dismissal. However, the court determined that the dismissal was valid and fair and that the claimant was not entitled to the reliefs sought.
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Teachers Service Commission v Mulinya (Appeal 10 of 2022) [2022] KEELRC 13375 (KLR) (1 December 2022) (Judgment)
✦ The court finds that the trial court erred in law by not applying the factors set out in section 49(4)(b)(c)(d)(k) of the Employment Act and that the court should reconsider the evidence and reach its own conclusions.
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Otiato v Gulf Energy Holdings Limited (Cause E343 of 2020) [2022] KEELRC 13350 (KLR) (1 December 2022) (Judgment)
✦ The Court finds the dismissal unlawful due to procedural irregularities and awards compensation for wrongful dismissal and damages.
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Nyang’ongo & another v Cabinet Secretary, Ministry of Education & 6 others (Petition E007 of 2022) [2022] KEELRC 13344 (KLR) (1 December 2022) (Ruling)
✦ The application is dismissed in its entirety with costs to the respondents
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Oloo v Governor, Homabay County & 3 others; Salaries & Remuneration Commission (Interested Party) (Petition E044 of 2022) [2022] KEELRC 13348 (KLR) (1 December 2022) (Ruling)
✦ The court orders an injunction to stay the effect of the respondents' appointments of the named individuals as advisors, liaison officers, and governors delivery unit members until the petition is heard and determined