Kenyan case law
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Banking Insurance & Finance Union v Harambee Cooperative Savings & Credit Society Limited (Cause 555 of 2010) [2013] KEIC 553 (KLR) (9 December 2013) (Judgment)
✦ The redundancy was procedurally unlawful and malicious.
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Tailors & Textiles Workers v African Cotton Workers (Cause 152 of 2013) [2013] KEIC 582 (KLR) (6 December 2013) (Judgment)
✦ The court finds in favor of the claimant for the payment of 20 leave days, service gratuity for 10 years, and the grievant's certificate of service.
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Rashid v Wilhelmsen Ships Services Limited (Cause 150 of 2012) [2013] KEIC 568 (KLR) (6 December 2013) (Judgment)
✦ The contract was terminated through mutual agreement, and the claimant is entitled to his salary for April 2010 and 11 days of leave.
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Keneddy Mwakha Munyeti v Wilson Rading Otieno (Cause 108 of 2013) [2013] KEIC 559 (KLR) (6 December 2013) (Judgment)
✦ The services of the claimant were not terminated unfairly but wrongfully because no notice was served. The court awards the claimant a further Ksh.4125 plus costs.
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Ong’ondo v G4S Security Services Kenya Ltd (Cause 1529 of 2010) [2013] KEIC 534 (KLR) (6 December 2013) (Judgment)
✦ The Claimant was dismissed and ordered to pay the Respondent Ksh. 24,182/=
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Amollo v Visions Institute of Professionals Ltd (Cause 18 of 2013) [2013] KEIC 560 (KLR) (6 December 2013) (Ruling)
✦ The Motion is dismissed as not well-founded and incompetent.
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Tailors & Textile Workers Union v Summit Fibres Ltd (Cause 151 of 2013) [2013] KEIC 569 (KLR) (6 December 2013) (Judgment)
✦ The court declines to order reinstatement and awards damages of Ksh.326,310.15 to the claimant.
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Sutaria v Jambo Biscuits [K] Ltd (Cause 138 of 2012) [2013] KEIC 571 (KLR) (6 December 2013) (Judgment)
✦ Court finds the notice period for termination was 3 months, not 1 month as claimed by the claimant. Claimant is entitled to service pay for 4 years, leave days, and salary arrears. Respondent is entitled to counterclaim for 3 months salary in lieu of notice and cash lost.
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Tailors & Textiles Workers Union v Industries (Cause 153 of 2013) [2013] KEIC 561 (KLR) (6 December 2013) (Judgment)
✦ The grievant is awarded two months salary in lieu of notice, arrears of house allowances, service gratuity, and 12 months gross salary for unfair dismissal.
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Mdungu v Mills (Cause 915 of 2012) [2013] KEIC 542 (KLR) (6 December 2013) (Judgment)
✦ The dismissal was found to be unfair and unlawful, and the Claimant is entitled to compensation, leave, and salary in lieu of notice.
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Njenga v Transnick Transporters Ltd (Cause 69 of 2013) [2013] KEIC 572 (KLR) (6 December 2013) (Judgment)
✦ The court strikes out the suit due to the lapse of the statutory limitation period of 3 years from the time the cause of action arose.
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Njuguna v Postal Corporation of Kenya (Cause 130 of 2012) [2013] KEIC 532 (KLR) (6 December 2013) (Judgment)
✦ Claimant is entitled to Voluntary Early Retirement on the terms set by the Respondent
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Amalgamated Union of Kenya Metal Workers v Civicon Limited (Cause 124 [B] of 2013) [2013] KEIC 574 (KLR) (6 December 2013) (Judgment)
✦ The court orders the respondent to accord recognition to the claimant and deduct union dues from the wages of the union members and remit to the claimant.
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Maundu v Gilfilian Air Conditioning Ltd (Cause 124 of 2013) [2013] KEIC 583 (KLR) (6 December 2013) (Judgment)
✦ The termination was found to be unfair, and the court awarded the claimant ksh.440,000 as compensation for unfair termination.
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Kaingu v Breeze Point (Cause 276 of 2013) [2013] KEIC 573 (KLR) (6 December 2013) (Judgment)
✦ The termination of the claimant's employment was declared unfair and judgment entered in favor of the claimant for one month salary in lieu of notice, salary arrears, accrued leave days, and compensation for unfair termination.
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Odera v Habo Agencies Ltd [ Awanad CFC Security Ltd] (Cause 136 of 2013) [2013] KEIC 584 (KLR) (6 December 2013) (Judgment)
✦ Judgment is entered in favor of the claimant for one month's salary in lieu of notice, refund of house savings, and 12 months salary for unfair termination.
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Gaita v Kensalt Limited (Cause 129 of 2013) [2013] KEIC 567 (KLR) (6 December 2013) (Judgment)
✦ The court found the dismissal to be wrongful and ordered compensation for unlawful termination.
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Abdi v Panal Freighters Ltd (Cause 70 of 2013) [2013] KEIC 585 (KLR) (6 December 2013) (Judgment)
✦ The termination was unlawful and summary dismissal. The court awards one month salary in lieu of notice, salary for October and November 2011, severance pay, and other benefits.
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Libabu v Bata Shoe Company (K) Limited (Miscellaneous Application 46 of 2013) [2013] KEIC 563 (KLR) (6 December 2013) (Ruling)
✦ The Court dismisses the Application as the Applicant's suit is time-barred and the Court cannot confer jurisdiction upon itself.
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Tailors & Textile Workers Union v M/S Spin Knit Limited (Cause 400 of 2012) [2013] KEIC 541 (KLR) (6 December 2013) (Judgment)
✦ Claimant's claim succeeds to the extent of the dues mentioned in paragraph 9 of the judgment.
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Mukira v Speed Steam World Ltd (Cause 311 of 2013) [2013] KEIC 570 (KLR) (6 December 2013) (Judgment)
✦ The dismissal was found to be unfair and wrongful, and the claimant is awarded compensation for salary arrears, notice pay, service pay, and leave.
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Luvutsi v Maendeleo Ya Wanawake Organisation (MYWO) (Cause 2502 of 2012) [2013] KEIC 539 (KLR) (4 December 2013) (Judgment)
✦ Judgment for the Claimant for Kshs. 268,750/- with interest and costs
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Dudah & 3 others v General & 2 others (Cause 1284 of 2013) [2013] KEIC 531 (KLR) (3 December 2013) (Ruling)
✦ The Application is dismissed with costs.
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Godeka v Middle Town Forex Bureau Limited (Cause 1623 of 2012) [2013] KEIC 536 (KLR) (3 December 2013) (Ruling)
✦ The suit is not barred by limitation and the Application is dismissed with costs.
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Wesonga & 3 others v Qalla & 6 others (Cause 144 of 2011) [2013] KEIC 538 (KLR) (3 December 2013) (Ruling)
✦ Grant conditional stay on terms that the Claimants deposit a suitable security bond for Kshs. 118,000/- or the cash equivalent in Court within 14 days of the judgment.