Kenyan case law
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Kenya Engineering Workers Union v Kenya Marine Contractors (EPZ) Limited (Cause E047 of 2023) [2023] KEELRC 3466 (KLR) (7 December 2023) (Ruling)
✦ The court finds no res judicata in the instant suit and dismisses the respondent's objections.
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Omao v County Government of Nyamira & 4 others (Petition 3 of 2023) [2023] KEELRC 3209 (KLR) (7 December 2023) (Judgment)
✦ The petition does not meet the threshold for Constitutional petitions.
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Kariuki v Tile and Carpet Centre Limited (Cause 910 of 2017) [2023] KEELRC 3249 (KLR) (7 December 2023) (Judgment)
✦ The Court found the dismissal unlawful and unfair, and the disciplinary process was deemed cosmetic.
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Alwala v Kenya University Staff Union (Petition 1 of 2023) [2023] KEELRC 3246 (KLR) (7 December 2023) (Judgment)
✦ The court dismissed the Petition as it was not necessary to intervene due to the absence of any violation of the constitution or labour rights.
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Nayweni & 45 others v African Shipping Limited & 47 others; International Transport Federation & 4 others (Interested Party) (Petition E007 of 2022) [2023] KEELRC 3456 (KLR) (7 December 2023) (Ruling)
✦ The petition is not a proper petition and is dismissed with costs.
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Keriko v Jomo Kenyatta University of Agriculture and Technology & 2 others (Cause 718 of 2016) [2023] KEELRC 3258 (KLR) (7 December 2023) (Ruling)
✦ The court granted an urgent stay of execution of the decree pending the appeal, subject to the 1st applicant depositing the full decretal sum plus costs in a joint interest earning account by 01.08.2024.
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Kimanzi v Nairobi City County Assembly Service Board & another (Cause E031 of 2022) [2023] KEELRC 3219 (KLR) (7 December 2023) (Judgment)
✦ The termination was unfair and unlawful, and the claimant was not accorded due process.
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Ndolo v Artcaffe’ Coffee & Bakery Ltd (Employment and Labour Relations Cause 569 of 2018) [2023] KEELRC 3228 (KLR) (7 December 2023) (Judgment)
✦ The court finds that the Claimant was expected to resume duty on 17th December 2017 and that the decision to terminate her contract was made on that day.
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Gor Mahia FC v Sports Disputes Tribunal & another; Ayisi (Interested Party) (Petition E170 of 2023) [2023] KEELRC 3224 (KLR) (7 December 2023) (Judgment)
✦ The Court finds in favor of the petitioner and orders the impugned Tribunal's decision to be quashed.
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Manga v Kenya Airways PLC (Cause 358 (E334 ) of 2020) [2023] KEELRC 3214 (KLR) (7 December 2023) (Judgment)
✦ The termination was not unfair in substance or procedure, and the claimant is awarded notice payment, accrued leave, and a certificate of service.
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Kenya Union of Commercial, Food and Allied Workers v Kadesea Agency Limited (Cause E029 of 2021) [2023] KEELRC 3300 (KLR) (7 December 2023) (Judgment)
✦ The termination was found to be unfair due to lack of due process and valid reasons, and the Claimant is entitled to the specified remedies.
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Wafula v Public Service Commission & 6 others (Employment and Labour Relations Petition E218 of 2023) [2023] KEELRC 3225 (KLR) (7 December 2023) (Ruling)
✦ The application is certified as urgent and a stay of the recruitment process is granted pending the hearing and determination of the petition.
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Kenya Union of Commercial and Food Allied Workers v Jamii Distributors EA Ltd (Employment and Labour Relations Cause E056 of 2020) [2023] KEELRC 3268 (KLR) (7 December 2023) (Judgment)
✦ The court found that the Respondent did not follow the procedure in transferring employees to an outsourcing company and that the outsourcing company cannot remit union dues on behalf of the Respondent. The court also found that the Respondent should recognize the Claimant Union.
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Kanyi v Kenya Airports Authority (Cause 1498 of 2018) [2023] KEELRC 3217 (KLR) (7 December 2023) (Judgment)
✦ Dismissal was lawful but unfair due to procedural lapses
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Njiru v Standard Chartered Bank Limited (Cause 679 of 2018) [2023] KEELRC 3257 (KLR) (7 December 2023) (Judgment)
✦ The claimant's termination was found unfair and the court awards compensation of Kshs 826,875.00 less PAYE.
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Mtana v Swahili Beach Resorts Limited (Cause E076 of 2022) [2023] KEELRC 3235 (KLR) (7 December 2023) (Judgment)
✦ The Claimant is not entitled to complain that his employment was unfairly terminated, thus the suit is dismissed.
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Esevwe v University of Nairobi (Cause E458 of 2022) [2023] KEELRC 3221 (KLR) (7 December 2023) (Ruling)
✦ The court consolidated the mentioned suits and gave necessary directions for their conduct.
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Kenya Engineering Workers Union v Mabati Rolling Mills Limited (Cause E100 of 2023) [2023] KEELRC 3470 (KLR) (7 December 2023) (Ruling)
✦ The court finds that the orders sought are premature and the application is struck out.
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Adan & 2 others (Suing on their Own Behalf and on Behalf of 76 other aggrieved Employees of the Respondent) v Wajir Wasco Limited alias Wajir Water & Sewerage Company Limited & another (Petition E076 of 2023) [2023] KEELRC 3226 (KLR) (7 December 2023) (Ruling)
✦ The court found the 1st respondent in contempt of court and ordered the Managing Director to be committed to civil jail for six months.
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Kamurasi v Absa Bank Kenya PLC & another (Employment and Labour Relations Cause E612 of 2021) [2023] KEELRC 3229 (KLR) (7 December 2023) (Judgment)
✦ The court has jurisdiction to adjudicate on the alleged employment contract between the Claimant and the 2nd Respondent.
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Wachira v Kenya Ports Authority (Cause 1590 of 2010) [2023] KEELRC 3260 (KLR) (7 December 2023) (Ruling)
✦ The application is dismissed as the claimant's Notice of Appeal was not properly served due to the circumstances mentioned.
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Abuya v Principal Secretary, Ministry of Health (Cause E565 of 2020) [2023] KEELRC 3262 (KLR) (7 December 2023) (Judgment)
✦ The contract of service terminated on June 13, 2016, when the claimant resigned. The claimant's claim is time-barred as the three-year limitation period under the Employment Act has expired.
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Dias & another v Afkoluck Investments Limited t/a Lucky & Casino; Addisalem Belachew Demisse (Proposed Third Party) (Cause E527 of 2021) [2023] KEELRC 3211 (KLR) (7 December 2023) (Ruling)
✦ The Respondent's application is disallowed with costs to the Claimants.
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Mutisya v Shona EPZ Limited (Cause E594 of 2023) [2023] KEELRC 3208 (KLR) (7 December 2023) (Ruling)
✦ The court overrules the respondent's Preliminary Objection and proceeds with the claim.
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Hussein & 4 others (Suing on their behalf and all other aggrieved Employees) v Garissa County Public Service Board & 4 others (Constitutional Petition E205 of 2022) [2023] KEELRC 3266 (KLR) (7 December 2023) (Ruling)
✦ Pending the hearing and determination of the petition, the respondents are at liberty to implement and take consequential measures in accordance with the law and in view of the observations and conclusion of the Public Service Commission Report.