Kenyan case law
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Mvurya & 12 others v Devki Steel Mills Ltd [MSA] (Cause 173 of 2012) [2013] KEIC 605 (KLR) (6 September 2013) (Judgment)
✦ The court finds that there was a strike on October 4, 2011, which paralyzed operations and forced the respondent's Director to travel from Nairobi to Mombasa to address the situation.
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Abubakar v Bamburi Cement (Cause 113 of 2012) [2013] KEIC 593 (KLR) (6 September 2013) (Judgment)
✦ The claimant was not a unionisable employee throughout his service. The only gratuity payable is for the 13 years he served as a unionisable employee.
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Joseph v Kenya Ports Authority Sports Club Mbaraki (Cause 164 of 2012) [2013] KEIC 590 (KLR) (6 September 2013) (Judgment)
✦ The court declared the suspension unlawful and ordered the respondent to pay the claimant salary arrears of Ksh.293,700 and costs and interest from the date of filing the suit.
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Wamai v Bamburi Cement Ltd (Cause 49 of 2012) [2013] KEIC 589 (KLR) (6 September 2013) (Judgment)
✦ The court dismissed the claimant's suit and ordered the respondent to pay the claimant Kshs. 5,408,047 in lost income and Kshs. 231,000 in terminal benefits.
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Wandera & another v Driftwood Beach Club Ltd (Cause 41 of 2013) [2013] KEIC 603 (KLR) (6 September 2013) (Judgment)
✦ The court finds the dismissals unfair and awards 2 months salary in lieu of notice, July 2011 salary, service charge, and service pay for 2 years to both claimants.
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Kenya Plantation & Agricultural Workers Union v Larfage Eco System (Cause 5 of 2012) [2013] KEIC 615 (KLR) (30 August 2013) (Ruling)
✦ Application for stay of execution of judgment dismissed
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Oote v Karanja (Cause 103 of 2013) [2013] KEIC 562 (KLR) (30 August 2013) (Judgment)
✦ The court finds that the claimant served the respondent continuously from January 2012 to April 2013 and is entitled to the reliefs sought in the suit.
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Kazungu v Mambo Italiano Ltd (Cause 57 of 2013) [2013] KEIC 609 (KLR) (30 August 2013) (Judgment)
✦ The termination of employment was lawful and the claimant is not entitled to terminal benefits.
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Onyaru v Alpha Dairy Products Ltd (Cause 93 of 2013) [2013] KEIC 606 (KLR) (30 August 2013) (Judgment)
✦ The court finds that the termination was unfair and the claimant is entitled to terminal dues and compensation.
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Bakery, Confectionery, Food Manufacturing and Allied Workers Union v Fayaz Bakers & Confectioners Limited (Cause 37 of 2012) [2013] KEIC 607 (KLR) (30 August 2013) (Judgment)
✦ The court finds that the grievants participated in an illegal strike and were therefore dismissed for that reason.
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Ombeba v Southern Engineering Company (Cause 4 of 2013) [2013] KEIC 620 (KLR) (26 August 2013) (Judgment)
✦ The court found that the redundancy notice was served and that the claimant was not unfairly discriminated against. The court did not consider the fairness of the selection process.
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Allan Mwasoke Checha & others v M.J. Clerk Ltd (Cause 140 of 2013) [2013] KEIC 619 (KLR) (26 August 2013) (Ruling)
✦ The suit is declared incompetent and bad in law due to statutory limitations.
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Long Distance Trunk Drivers & Allied Workers Union v Metrex Limited (Cause 126 of 2012) [2013] KEIC 618 (KLR) (26 August 2013) (Ruling)
✦ Motion dismissed with costs for lack of merits
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Maikuva v Kenya Ports Authority (Cause 3 of 2012) [2013] KEIC 616 (KLR) (26 August 2013) (Judgment)
✦ The court finds that the retirement of the claimant on public interest was an unfair termination of his employment.
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Okayo & 7 others v Kenya Engineering Workers Union (Cause 129 of 2012) [2013] KEIC 633 (KLR) (26 August 2013) (Judgment)
✦ The court finds that the general meeting was not convened according to the union's constitution and the elections held on 19/2/2011 are nullified.
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Ongeri v Mombasa Maize Millers Ltd (Cause 65 of 2012) [2013] KEIC 621 (KLR) (26 August 2013) (Judgment)
✦ The Industrial Court held that the dismissal was procedurally unjustifiable and wrongful.
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Odongo v Cabinet Secretary Ministry of Labour Social Security Services & another (Cause 1174 of 2013) [2013] KEIC 544 (KLR) (12 August 2013) (Ruling)
✦ The application was a preliminary objection, not an application to strike out the claim. The claimant's suit was not dismissed, but the court examined the nature of the employment contract and the applicable statutory provisions.
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Wrigley Company (East Africa) Limited v Attorney General & 2 others; Sheer Logic Management Consultants Ltd (Interested Party) (Petition 22 of 2012) [2013] KEIC 550 (KLR) (Civ) (31 July 2013) (Judgment)
✦ The Court finds it necessary to set parameters for a credible outsourcing program
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DOW v Attorney General (Cause 89 of 2013) [2013] KEIC 527 (KLR) (31 July 2013) (Ruling)
✦ The preliminary objections are dismissed with costs save for ground number 2.
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Wanyama & 4 others v Ita Marine Co. Limited (Cause 124 of 2012) [2013] KEIC 623 (KLR) (31 July 2013) (Judgment)
✦ The court finds that Wanyama & 4 others were not employees of Ita Marine Co. Ltd. The suit is dismissed with no orders as to costs.
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Mwachofi v Development [K] Ltd (Cause 27 of 2013) [2013] KEIC 622 (KLR) (31 July 2013) (Judgment)
✦ The termination was wrongful as it was in breach of the contract and the statutory provisions.
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Kenya Hotels & Allied Workers Union v Office Restaurant (Cause 98 of 2012) [2013] KEIC 629 (KLR) (26 July 2013) (Ruling)
✦ The suit is properly before the court and governed by the Trade Disputes Act
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Kenga v Whitesands Hotel (Cause 19 of 2013) [2013] KEIC 625 (KLR) (26 July 2013) (Judgment)
✦ The court found that the claimant served continuously as a seasonal staff from December 1998 to May 2000, and thereafter as a casual staff until June 2005.
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Kivuva v Kenya Shell Limited (Cause 165 of 2012) [2013] KEIC 628 (KLR) (26 July 2013) (Judgment)
✦ The termination of the claimant's employment was fair and lawful
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Zacharia & 24 others v Bulk Warehouse Management & 2 others (Cause 45 of 2012) [2013] KEIC 630 (KLR) (19 July 2013) (Judgment)
✦ The court dismissed the claimants' suit, finding no redundancy and no entitlement to terminal dues.