Kenyan case law
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Mukonyo v Jamii Bora (K) Ltd (Cause 855 of 2012) [2014] KEIC 728 (KLR) (31 January 2014) (Ruling)
✦ The Court reviews its decision and replaces the sum the Respondent is entitled to on the Counter-Claim to Kshs. 10,718/-. No order as to costs.
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Okemwa & 9 others v Judicial Service Commission & another (Cause 16 of 2014) [2014] KEIC 1 (KLR) (Employment and Labour) (31 January 2014) (Ruling)
✦ The Chief Justice's actions were taken in his capacity as chairperson of the JSC and not in any other capacity, and the Chief Justice's joiner in the proceedings is upheld. The Claimants' claim against the Chief Justice is struck out.
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Banking, Insurance & Finance Union (Kenya v Transcom Sacco Society Ltd (Cause 1930 of 2012) [2014] KEIC 156 (KLR) (31 January 2014) (Ruling)
✦ The Court dismissed the application for review, finding no error in the original decision and that the union had not shown the requisite number of employees.
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Mwanza v National Water Conservation and Pipeline Corporation (Cause 25 of 2012) [2014] KEIC 844 (KLR) (23 January 2014) (Judgment)
✦ The Court held that the Respondent's failure to respond to the Claimant's renewal application was a breach of contract, and the Respondent's decision to not renew the contract and advertise the position was procedurally unfair.
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Dallu v Kenya Commercial Bank Limited (Cause 193 of 2012) [2014] KEIC 838 (KLR) (22 January 2014) (Judgment)
✦ The Court dismissed the suit with costs to the Respondent.
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Kenya Plantation and Agricultural Workers Union v Maramba Tea Factory (Cause 1067 of 2010) [2014] KEIC 148 (KLR) (21 January 2014) (Ruling)
✦ The Court dismissed the Review Application as there was no error to warrant a review and the claim was dismissed.
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Mutsune & another v African Tours & Hotels Limited (In Receivership) & another (Cause 55(N) of 2010) [2014] KEIC 841 (KLR) (Employment and Labour) (17 January 2014) (Ruling)
✦ The suit is struck out as the claim was filed out of time, and promissory estoppel does not apply to extend the limitation period.
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Kenya Chemical and Allied Workers Union v Kenya Tanning Extracts Company Limited (Cause 695(N) of 2009) [2014] KEIC 725 (KLR) (17 January 2014) (Ruling)
✦ The Respondent and the Claimant are to comply with limb 2 of the Consent Judgment and revert to Court with the figures on 17th March 2014. Any payments made must be reflected in the computations to be filed jointly by the parties.
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Masege v Aviation & Allied Workers Union (Cause 370 of 2011) [2014] KEIC 147 (KLR) (16 January 2014) (Ruling)
✦ The application is dismissed with costs to the Claimant as there are no circumstances that suggest collusion, fraud, or any other reason to carry or set aside the consent order. Statutory deductions must be made from any payments made by the employer.
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Kakuzi Limited v Kenya Plantation & Agricultural Workers Union (Cause 992 of 2012) [2014] KEIC 146 (KLR) (15 January 2014) (Ruling)
✦ The Court finds that the complex formula for rest days payment should be simplified, and the previous practice is not binding due to the 2012 CBA
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Kenya Game Hunting Union v Hire (Cause 299 of 2010) [2014] KEIC 153 (KLR) (14 January 2014) (Ruling)
✦ The court dismisses the Respondent's Notice of Motion with costs to the Claimant
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Kudheiha Workers v Masaku School for the Physically Disabled (Cause 2105 of 2012) [2014] KEIC 128 (KLR) (Civ) (14 January 2014) (Judgment)
✦ The Court ordered the Respondent to pay the Claimant 1 month salary in lieu of notice, service gratuity, 15 days worked in October 2010, prorate leave, underpayments, and 3 months compensation for wrongful dismissal.
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Singh v Designwear Limited (Cause 1326 of 2012) [2014] KEIC 727 (KLR) (13 January 2014) (Ruling)
✦ Application dismissed with costs to the Claimant/Respondent.
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Nyakundi & another v Chirchir & 5 others (Cause 1902 of 2011) [2014] KEIC 823 (KLR) (10 January 2014) (Judgment)
✦ The suit is dismissed with costs.
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Miringu v Barclays Bank of Kenya Limited (Cause 29(N) of 2010) [2014] KEIC 135 (KLR) (10 January 2014) (Judgment)
✦ The dismissal was found to be unfair and the Claimant is entitled to leave for 2009, one month notice, pension dues, unpaid salary, 12 months compensation for the unfair termination, and costs of the suit. The account freeze is lifted.
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Katungu v Attorney General (Cause 2142 of 2012) [2014] KEIC 141 (KLR) (10 January 2014) (Ruling)
✦ The Application to set aside and/or vacate the orders is not merited and is dismissed with costs
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Ochada v Nyanza Reproductive Health Society (Cause 738 of 2012) [2014] KEIC 133 (KLR) (9 January 2014) (Judgment)
✦ Claimant is entitled to 1 month salary in lieu of notice, salary for days worked, leave pay for 21 days, leave allowance, and costs.
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Mutakha v Chief Executive Officer Mwalimu Cooperative and Credit Savings Society & another (Cause 655(N) of 2009) [2014] KEIC 142 (KLR) (9 January 2014) (Ruling)
✦ The Court ordered the Claimant to pay the Respondent the sum of Kshs. 962,958.96
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Gilo v Computer Pride Limited (Cause 1062 of 2012) [2014] KEIC 134 (KLR) (Employment and Labour) (8 January 2014) (Ruling)
✦ The suit is struck out with costs.
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Kenya Building Construction Timber And Allied Industries Employees Union v Morris And Company (2004) Limited (Cause 120 of 2007) [2013] KEIC 525 (KLR) (20 December 2013) (Ruling)
✦ The Court allowed the Respondent's application with respect to compensation and underpayments, ordered the Claimant to redo its tabulation based on 1 month salary in compensation and omitting underpayments, and ordered execution to proceed.
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Kenya Union of Commecial Food & Allied Workers v Keroche Industries Ltd & 2 others (Cause 772 of 2010) [2013] KEIC 564 (KLR) (Employment and Labour) (17 December 2013) (Ruling)
✦ The Court dismissed the application to vacate the stay orders, finding that the Respondents had not taken essential steps and that the Notice of Appeal was not properly filed and served.
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Opamu v Steel Plus Limited (Miscellaneous Civil Suit 58 of 2013) [2013] KEIC 543 (KLR) (17 December 2013) (Ruling)
✦ The Industrial Court has jurisdiction to hear the suit and the suit should be divided into two parts, with the WIBA claim remaining with the Resident Magistrates Court and the employment dispute transferred to the Industrial Court.
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Mumina v Development Bank of Kenya Limited (Cause 892 of 2012) [2013] KEIC 581 (KLR) (11 December 2013) (Judgment)
✦ The redundancy pay for the 18 years' service to SEFCO is ordered to be paid by the Respondent.
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Nyaga v Charterhouse Bank Ltd (Cause 1041 of 2012) [2013] KEIC 537 (KLR) (10 December 2013) (Judgment)
✦ The termination was lawful and proper, and the suit is dismissed with costs to the Respondent.
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Kenya Concrete, Structural, Ceramics Tiles, Wood Plys and Interior Designs Workers Union (Represented by Its Promoters Angoya & 6 others) v Registrar of Trade Unions ; Kenya Building,Construction, Timber, Furniture and Allied Industries Employees Union(Interested party) (Appeal 10 of 2011) [2013] KEIC 524 (KLR) (9 December 2013) (Judgment)
✦ The Appeal is allowed, and the Kenya Concrete, Structural, Ceramics Tiles, Wood Plys and Interior Designs Workers Union is granted registration.