Kenyan case law
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Ghadam v Blue Cat Port Services Ltd (Cause 228 of 2013) [2014] KEIC 1194 (KLR) (28 February 2014) (Judgment)
✦ The court declares the contract of employment a term contract and finds the dismissal unfair. The claimant is awarded one month salary in lieu of notice and 21 leave days.
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KUDHEHIA (Kenya Union of Domestic Hotels, Education Institution, Hospital and Allied Workers) v Papilion Lagoon Reef (Cause 257 of 2013) [2014] KEIC 835 (KLR) (24 February 2014) (Ruling)
✦ The P.O. is dismissed without costs.
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Nyamoko v Jurgen Fuks T/A Shakatak Night Club (Cause 192 of 2013) [2014] KEIC 1184 (KLR) (24 February 2014) (Judgment)
✦ The dismissal was wrongful and unlawful due to lack of valid reason and violation of statutory procedures.
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Kilonzo v Bahari [T] Company Ltd (Cause 157 of 2013) [2014] KEIC 1185 (KLR) (24 February 2014) (Judgment)
✦ The court finds and holds that the summary dismissal of the claimant was both wrongful and unfair.
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Etyang v Total Security Surveillance (Cause 248 of 2013) [2014] KEIC 1183 (KLR) (24 February 2014) (Judgment)
✦ The dismissal was unfair and unlawful, and the claimant is awarded compensation and a certificate of service.
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Mbugua v Rafiki Dtm [K] Ltd (Cause 180 of 2013) [2014] KEIC 857 (KLR) (24 February 2014) (Ruling)
✦ The court grants a stay of execution pending appeal, subject to the decretal sum being deposited in an interest-earning account within 21 days.
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Jonathan Karanja Thuo, Patrick Wamalwa Masungo,Stephen Orima Ochieng,Eliud Munene Ng’ang’a,Emmanuel Nato Wakhungu,George Makenzi & Joash Machoka v Bata Shoe Company Ltd & Fast Track Company Ltd (Cause 926 of 2010) [2014] KEIC 109 (KLR) (17 February 2014) (Ruling)
✦ The judge did not allow the claimants to testify on behalf of each other
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Owuor v Parliamentary Service Commission & another (Cause 156 of 2013) [2014] KEIC 769 (KLR) (14 February 2014) (Ruling)
✦ The court finds that the claimant has a reasonable cause of action and that the 1st respondent should be enjoined as a respondent in the case.
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Otete v Factory Guards Ltd (Cause 274 of 2013) [2014] KEIC 775 (KLR) (14 February 2014) (Judgment)
✦ The summary dismissal was unfair as the employer did not comply with the Employment Act's requirement of a disciplinary hearing.
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Wakesho v Aroma Café (Cause 212 of 2013) [2014] KEIC 856 (KLR) (14 February 2014) (Judgment)
✦ The court finds the reduction of the claimant's salary unlawful and the termination wrongful and unfair.
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Kenya Engineering Workers Union v Mabati Rolling Mills Ltd (Cause 64 of 2013) [2014] KEIC 768 (KLR) (14 February 2014) (Judgment)
✦ The court finds that the interpretation of Clause 4 by the claimant is correct, and orders the respondent to adopt the claimant's interpretation and compensate the grievants for the deficit in the general wage increment.
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Jerome v Hacienda Development Holdings Ltd (Cause 130 of 2013) [2014] KEIC 772 (KLR) (14 February 2014) (Judgment)
✦ The court finds that the respondent breached the contract of employment by failing to pay the claimant the agreed salary. The claimant is entitled to a remedy of Ksh.8,812,000 plus costs and interest.
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Munyao & 148 others v Mumba & 7 others (Cause 116 of 2013) [2014] KEIC 1186 (KLR) (14 February 2014) (Judgment)
✦ The 2002 Deed of Amendment and Remedial Pension Plan are declared fraudulent, illegal, and unconstitutional and null and void ab initio.
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Mulewa v Kenya Commercial Bank (Cause 207 of 2013) [2014] KEIC 771 (KLR) (14 February 2014) (Ruling)
✦ The Motion is dismissed with no orders as to costs.
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Kenya Dock Workers Union v Kenya Ports Authority (Cause 143 of 2012) [2014] KEIC 1187 (KLR) (14 February 2014) (Ruling)
✦ The motion is struck out as being incompetent and vague.
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Manzi v Agakhan Sports Centre (Cause 97 of 2013) [2014] KEIC 773 (KLR) (14 February 2014) (Judgment)
✦ The retrenchment was unlawful due to lack of one month prior written notice and unfair selection of victims. The claimant was only entitled to one month notice, 12 months severance pay, and salary for March and April 2012.
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Mwanyika & 18 others v Papillion Diani Limited (Cause 109 of 2012) [2014] KEIC 770 (KLR) (14 February 2014) (Judgment)
✦ The court finds that the claimants were in continuous service and entitled to house allowances.
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Kenya Union of Domestic, Hotels, Educational Institutions, Hospitals & Allied Workers v Leshau Boys High School [2014] KEIC 5 (KLR)
✦ The application will be determined on the basis of submissions made for the applicant and the documents on record.
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Thuo v Green World International Kenya Limited (Cause 2450 of 2012) [2014] KEIC 119 (KLR) (Employment and Labour) (11 February 2014) (Ruling)
✦ The suit is dismissed with costs to the Respondent.
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Sang v Attorney General (Cause 2408 of 2012) [2014] KEIC 858 (KLR) (6 February 2014) (Judgment)
✦ The claimant’s rights under article 27 of the Constitution of Kenya, 2010, on equality and freedom from discrimination were violated by the Commissioner of Police for retiring the claimant on medical grounds without considering the possibility of reasonably accommodating him.
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Ratemo v Kenya Film Commision & another (Cause 2192 of 2012) [2014] KEIC 3 (KLR) (3 February 2014) (Ruling)
✦ The Court held that the disciplinary process was internal to the organization and that the Claimant's request for injunctive relief was not proper. The Court also ruled that the Claimant had the right to have legal representation during the disciplinary process.
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Mukumbo v Kamau (Cause 1507 of 2010) [2014] KEIC 143 (KLR) (3 February 2014) (Judgment)
✦ The Respondent is not indebted to the Claimant for Kshs. 41,040
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Aketch v Jumbo Agrovet Limited & another (Cause 99 of 2011) [2014] KEIC 144 (KLR) (31 January 2014) (Judgment)
✦ Claimant is entitled to Kshs. 12,000 from the 1st Respondent and Kshs. 109,000 from the 2nd Respondent, with interest from 2nd November 2010.
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Settim & another v National Social Security Fund the Board of Trustees (Cause 204 of 2011) [2014] KEIC 847 (KLR) (31 January 2014) (Ruling)
✦ The Court sets aside its decision of 14th June 2013 and allows the dispute to be heard before the judge at a convenient date where the parties will testify and call witnesses.
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Union of National Research and Allied Institutes Staff of Kenya (UNRISK) v Kenya Industrial Research and Development Institute (KIRDI) (Cause 199 of 2011) [2014] KEIC 165 (KLR) (31 January 2014) (Ruling)
✦ The Application for contempt of Court is dismissed as the Court Order dated 2nd February 2012 was not issued by a sitting judge and thus not enforceable.