Kenyan case law
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LBC v Teachers Service Commission (Cause E042 of 2023) [2024] KEELRC 13400 (KLR) (10 December 2024) (Judgment)
✦ The dismissal was found to be procedurally and substantively fair.
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Rotich v KCB Bank Kenya Limited (Cause E099 of 2024) [2024] KEELRC 13366 (KLR) (9 December 2024) (Ruling)
✦ The Court finds it imprudent to extend the Claimant's retirement age to 65 years based on a human resource instrument of doubtful application
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Hassan & 2 others v Universities Academic Staff Union & another (Cause E1029 of 2024) [2024] KEELRC 13387 (KLR) (9 December 2024) (Ruling)
✦ The Court declines to grant ex-parte or ex tempore injunctive orders.
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Kagure v Dot Com Bakery Limited (Cause E087 of 2021) [2024] KEELRC 13372 (KLR) (6 December 2024) (Judgment)
✦ The Court finds that the termination was unfair and declares it as such. The Claimant is awarded compensation for unfair termination of employment.
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Hill Side Grill v Mwongeli (Appeal E030 of 2024) [2024] KEELRC 13388 (KLR) (6 December 2024) (Ruling)
✦ The court grants a stay of execution on condition that the applicant deposits half the decretal sum in a joint interest earning account within 30 days of the ruling.
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Kilakoi v Olkejuado Water and Sewerage Company; Cooperative Bank (Garnishee) (Cause 2138 of 2016) [2024] KEELRC 13365 (KLR) (6 December 2024) (Ruling)
✦ The Court allowed the Garnishee's application and set aside the garnishee order.
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Maitha v NCBA Bank Kenya PLC (Cause 187 of 2020) [2024] KEELRC 13362 (KLR) (6 December 2024) (Judgment)
✦ The Court finds in favor of the Claimant, awarding one month's salary in lieu of notice, compensatory damages, unpaid leave, and interest.
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Omwamba v Panaff Logistics Limited (Cause E279 of 2023) [2024] KEELRC 13369 (KLR) (6 December 2024) (Judgment)
✦ The court finds that the Respondent had a valid and fair reason to terminate the Claimant's employment due to her conduct.
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Unilever Tea Kenya Ltd v Baruku & 24 others (Employment and Labour Relations Appeal E001 of 2023) [2024] KEELRC 13407 (KLR) (6 December 2024) (Judgment)
✦ The court dismissed the appeal.
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Kasisi & 10 others (Suing in a Representative Capaciy in Respect to Employees of Kenya Broadcasting Corporation) v Kenya Broadcasting Corporation (Cause 845 of 2017) [2024] KEELRC 13379 (KLR) (6 December 2024) (Ruling)
✦ The court orders the respondent to pay the judgment debt and encourages them to engage in practical ways to liquidate the debt.
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Broadways Logistic Limited v Abdulkadir (Appeal E057 of 2024) [2024] KEELRC 13376 (KLR) (6 December 2024) (Ruling)
✦ The Court grants the application to extend time for filing the appeal and allows the appeal to proceed, but the document filed out of time is struck off and the court file is ordered closed.
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Victor v Ernie Campbell & Company Limited (Cause E570 of 2024) [2024] KEELRC 13371 (KLR) (6 December 2024) (Ruling)
✦ The Court held that the Claimant was engaged on a contract of service, and thus the Respondent has jurisdiction to hear and determine the matter.
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Public Transport Operators Union v East Africa Aquatech Drilling Limited (Cause E1035 of 2023) [2024] KEELRC 13364 (KLR) (6 December 2024) (Judgment)
✦ The Court finds that the Claimant has locus standi to bring the suit on behalf of the grievant and that the terms of employment were as stated by the Claimant. The grievant is entitled to the reliefs sought.
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Mungai v Kenya Ports Authority (Cause 22 of 2020) [2024] KEELRC 13375 (KLR) (6 December 2024) (Judgment)
✦ The Court found that the termination process was not contrary to the Employment Act and that the Respondent was not liable for underpayment of the Claimant.
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Karanja v Lake Naivasha Crescent Camp Limited (Employment and Labour Relations Cause E042 of 2024) [2024] KEELRC 13406 (KLR) (6 December 2024) (Ruling)
✦ The court has exclusive original and appellate jurisdiction to hear the claim and dismisses the preliminary objection
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Achuti & 28 others v County Government of Nakuru & another (Miscellaneous Application E026 of 2024) [2024] KEELRC 13409 (KLR) (6 December 2024) (Ruling)
✦ The preliminary objection is merited and allowed
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Dhanjal Investments Limited t/a Travellers Beach Hotel & Club v Odindo (Appeal E107 of 2024) [2024] KEELRC 13373 (KLR) (6 December 2024) (Ruling)
✦ The Court grants the stay of execution of the judgment and decree on condition that the Appellant/Applicant pays a sum of Kshs.344,335.40 and deposits Kshs.500,000 in the Court, and complies with the requirement to compile and file a complete record of appeal within 90 days.
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Kenya Engineering Workers Union v Thorlite Kenya Limited (Cause E338 of 2023) [2024] KEELRC 13370 (KLR) (6 December 2024) (Judgment)
✦ The court found no evidence of victimization and harassment. The union did not attain the simple majority required for recognition.
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Omanga v Kenya Commercial Bank Limited (Cause E241 of 2023) [2024] KEELRC 13357 (KLR) (6 December 2024) (Judgment)
✦ The Court dismisses the Claim in its entirety with an order that each party bears its own costs.
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Advani v Aspen Pharmacare Holdings Limited (Cause E417 of 2024) [2024] KEELRC 13363 (KLR) (6 December 2024) (Ruling)
✦ The court holds that the Claimant must first seek and obtain leave from the court to serve the Respondent with the Notice of Summons.
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Muturi v M/S Intex Contruction Limited (Miscellaneous Application E029 of 2024) [2024] KEELRC 13393 (KLR) (6 December 2024) (Ruling)
✦ The court allows the Notice of Motion and adopts the Director's award as a judgment of the court.
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Ladha v Tiger Packaging Limited (Cause E006 of 2022) [2024] KEELRC 13374 (KLR) (6 December 2024) (Judgment)
✦ The Claimant's employment was terminated by the Respondent, and the termination was unfair.
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Maliti t/a Twins Hardware & Auto Spares v Orasirasi (Appeal E080 of 2024) [2024] KEELRC 13353 (KLR) (6 December 2024) (Ruling)
✦ The Application is declined and no order on costs is made.
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Kilakoi v Olkejuado Water and Sewerage Company (Cause 2138 of 2016) [2024] KEELRC 13356 (KLR) (6 December 2024) (Ruling)
✦ The Respondent's Application is dismissed as the Respondent failed to defend the suit and was uninterested in defending the claim.
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Namileli v Runo t/a Page & Page Ventures (Miscellaneous Application E033 of 2024) [2024] KEELRC 13410 (KLR) (6 December 2024) (Ruling)
✦ The court dismisses the application dated 17th July 2024, finding that the applicant has not satisfied the conditions for a stay of execution and that the appeal was filed out of time.