Kenyan case law
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Tailors & Textiles Workers’ Union v Summit Fibres Ltd (Cause 56 of 2002) [2003] KEIC 24 (KLR) (28 May 2003) (Award)
✦ The terms of the settlement are fair and reasonable, and the award is granted as prayed for.
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Kenya Engineering Workers’ Union v Kaluworks Ltd (Cause 112 of 1999) [2003] KEIC 31 (KLR) (Employment and Labour) (25 April 2003) (Award)
✦ The Court found that the employees were not casual workers and recommended that their services be treated as continuous, and they be paid redundancy benefits as per the collective agreement.
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Kenya Building, Construction, Timber, Furniture & Allied Industries Employees’ Union v Silentnight (Kenya) Ltd (Cause 10 of 2000) [2003] KEIC 30 (KLR) (2 April 2003) (Award)
✦ The Court awarded the Union the basic monthly minimum rates of pay, general wage increase, and housing allowance as per the collective agreement.
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Kenya Game Hunting & Safaris Workers’ Union v Micato Safaris Ltd; Transport & Allied Workers’ Union (Interested Party) (Cause 68 of 2001) [2003] KEIC 1 (KLR) (28 March 2003) (Award)
✦ The court recommends formal recognition to the first union and orders the company to accord formal recognition to the first union.
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Kenya Plantation & Agricultural Workers’ Union v Kenya Tea Packers Ltd (Cause 32 of 2001) [2001] KEIC 8 (KLR) (6 November 2001) (Award)
✦ The Court awards a 17% wage increase for all unionisable employees over two years, from January 1, 2000 to December 31, 2001.
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Kenya Engineering Workers’ Union v Metco Kenya Ltd (Cause 4 of 2001) [2001] KEIC 9 (KLR) (Civ) (11 October 2001) (Award)
✦ The terms of the settlement are fair and reasonable, and the award is made accordingly.
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Kenya Engineering Workers’ Union v Stainless Steel Products Ltd (Cause 12 of 2001) [2001] KEIC 10 (KLR) (6 September 2001) (Award)
✦ The Court awards the terminal benefits as per the settlement memorandum, and Mrs. Lucy Njoki Josia's case is treated as withdrawn.
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Kenya Union of Commercial, Food & Allied Workers v Pearl Drycleaners Ltd (Cause 40 of 2001) [2001] KEIC 15 (KLR) (28 August 2001) (Award)
✦ The court awards the settlement by consent and closes the file.
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Kenya Union of Domestic, Hotels, Educational Institutions, Hospitals & Allied Workers v St. George’s Primary School (Cause 16 of 2001) [2001] KEIC 12 (KLR) (21 August 2001) (Award)
✦ The Court awards compensation to the grievant in the amount of sh 44,196, including eight months wages, three months accrued leave, one month’s salary in lieu of notice, and twenty-one days salary.
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Kenya Engineering Workers’ Union v Premier Rolling Mills Ltd (Cause 40 of 2000) [2001] KEIC 17 (KLR) (21 August 2001) (Award)
✦ The Court upheld the Company's action, finding that the grievants' misconduct justified the summary dismissal.
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Kenya Engineering Workers’ Union v Heavy Engineering Ltd (Cause 106 of 2000) [2001] KEIC 11 (KLR) (14 March 2001) (Award)
✦ The terms of the settlement are fair and reasonable, and the award is granted in accordance with the settlement.
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Kenya Union Of Entertainment & Music Industry Employees v Factual Films (1974) Ltd (Cause 36 of 1999) [2001] KEIC 13 (KLR) (9 March 2001) (Award)
✦ The Court finds that the termination of the grievants was unjustified and in bad faith, and directs the Company to pay them terminal benefits and compensation as calculated.
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Kenya Union of Domestic, Hotels, Educational Institutions, Hospitals & Allied Workers v Kilimanjaro Safari Club (Cause 58 of 2000) [2001] KEIC 16 (KLR) (9 March 2001) (Award)
✦ The Court orders the Club to pay the outstanding balance of Kshs.5,242,524/= to the grievants within thirty (30) days from the date of this award.
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Kenya Plantation & Agricultural Workers’ Union v Del Monte Kenya Ltd (Cause 8 of 1999) [2001] KEIC 14 (KLR) (Civ) (27 February 2001) (Award)
✦ The dismissal was found to be wrongful and extreme, and the grievant is entitled to normal termination of service with full terminal benefits and compensation for wrongful dismissal and loss of employment.
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Kenya Railway Workers’ Union v Kenya Union of Employees of Voluntary Associations, Trade Unions & Allied Organisations (Cause 86 of 1999) [2001] KEIC 18 (KLR) (23 February 2001) (Ruling)
✦ The Court vacates the ex-parte hearing and orders that the dispute be heard de novo inter-partes.
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MP Shah Hospital v Kenya Union of Domestic, Hotels, Educational Institutions, Hospitals & Allied Workers (Cause 52 of 1998) [2001] KEIC 19 (KLR) (Employment and Labour) (17 January 2001) (Ruling)
✦ The Court upheld the Preliminary Objection and rejected the dispute as incompetent and not maintainable.
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Kenya Engineering Workers’ Union v Reliance Industries Ltd (Cause 62 of 2001) [2000] KEIC 1 (KLR) (Employment and Labour) (9 July 2000) (Award)
✦ The Court awarded the Union the requested increases and allowances, but rejected the demand for retrospective effect of the collective agreement.
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Hudson Kelly A. Agalo v Telkom Kenya Limited [2013] KEIC 3 (KLR)
✦ The claim is dismissed as res judicata and due to the claim being filed after the limitation period.