Kenyan case law
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Ngala & 7 others v Smoky Hill Ltd (Cause 284 of 2013) [2014] KEIC 850 (KLR) (25 July 2014) (Judgment)
✦ The termination of the claimants' employment by the respondent is declared to be unfair and unlawful.
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Sutaria v Jambo Biscuits [K] Ltd (Cause 138 of 2012) [2014] KEIC 1188 (KLR) (18 July 2014) (Ruling)
✦ The application is allowed, and the award of Ksh.120,000 for service pay is set aside. The respondent is ordered to pay Ksh.10,000 as throw-away costs.
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Richard Otieno Mbewa v Milly Glass Works Ltd (Cause 188 of 2013) [2014] KEIC 759 (KLR) (18 July 2014) (Judgment)
✦ The termination of the claimant's employment was declared unlawful and unfair.
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Ogombo v Ocholla & 2 others (Cause 327 of 2013) [2014] KEIC 764 (KLR) (18 July 2014) (Judgment)
✦ The termination of the claimant from his employment on 15/09/2011 was unfair.
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Tsuma v Corrugated Sheets Ltd (Cause 303 of 2013) [2014] KEIC 763 (KLR) (18 July 2014) (Judgment)
✦ The court finds the dismissal valid and fair, and enters judgment for the claimant in the sum of Ksh.104,085 plus costs and interest.
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Okoda v Prestige SACCO Ltd (Cause 2396 of 2012) [2014] KEIC 832 (KLR) (18 July 2014) (Judgment)
✦ The Claimant's termination was for just cause and he is entitled to receive salary for days worked in August 2012 less statutory deductions.
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Ouma v Ashton Apparel [ Epz] Ltd (Cause 144 of 2013) [2014] KEIC 760 (KLR) (18 July 2014) (Judgment)
✦ The court finds that the claimant was summarily and verbally dismissed by the respondent's GM on 5/4/2013, and the dismissal was wrongful and unfair.
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Nderitu v Kenya Farmers Association Limited (Cause 22 of 2014) [2014] KEIC 1195 (KLR) (18 July 2014) (Judgment)
✦ The court finds the claims for salary and unpaid days worked time barred and dismisses them. The court finds the claim for overtaxation valid and orders the respondent to pay the claimant Kshs.29,954.40.
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Ciiru v Sarova Stanley (Cause 912 of 2013) [2014] KEIC 1191 (KLR) (Civ) (16 July 2014) (Judgment)
✦ The Court held that the Respondent did not terminate the Claimant's employment unfairly and that the termination was in accordance with the Collective Bargaining Agreement. The Claimant was not entitled to the monetary reliefs she sought, save for retirement gratuity and leave travelling allowance.
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Mwania v Spur Security Services Limited (Cause 1617 of 2011) [2014] KEIC 105 (KLR) (16 July 2014) (Judgment)
✦ Dismissal was unfair and wrongful.
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Banking Insurance & Finance Union v Co-operative Bank of Kenya Limited (Cause 372 of 2012) [2014] KEIC 797 (KLR) (15 July 2014) (Judgment)
✦ The suit is dismissed with costs to the Respondent.
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Francis Nthenge Mwovwa v Auto Spring Manufacturers Limited (Cause 2224 of 2012) [2014] KEIC 101 (KLR) (14 July 2014) (Judgment)
✦ The claim is dismissed with costs to the Respondent
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Mwangi v Kariuki (Cause 1578 of 2012) [2014] KEIC 139 (KLR) (14 July 2014) (Judgment)
✦ The suit is fit for dismissal as the Claimant did not prove he was an employee of the Respondent.
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Kenya Hotels and Allied Workers Union v Pangoni Beach Resort (Cause 380 of 2013) [2014] KEIC 757 (KLR) (11 July 2014) (Judgment)
✦ The claimant recruited more than a simple majority of the unionisable workforce, meeting the requirement for recognition under Section 54 of the Labour Relations Act. The court dismissed the prayer for injunction against victimization and redundancy due to lack of evidence and the prayer for recognition as it would violate the respondent's right to continue her membership with the employers' organization.
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Kieti v Kilifi County Public Service Board & another (Cause 262 of 2014) [2014] KEIC 765 (KLR) (11 July 2014) (Ruling)
✦ The application is allowed in terms of prayer 4,5 and 6. The claimant, as the Interim Head of Supply Chain Management for the Kili County, shall remain with full benefits until the suit is heard and determined.
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Mukira v Speedsteam World Ltd (Cause 311 of 2013) [2014] KEIC 767 (KLR) (11 July 2014) (Ruling)
✦ Ex parte judgment set aside
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Ilume v Gemina Insurance Co. Ltd (Cause 446 of 2013) [2014] KEIC 756 (KLR) (11 July 2014) (Ruling)
✦ The court held that the respondent lacks jurisdiction to terminate the claimant's employment as the claimant was an employee, not a commissioned agent.
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Mwanyika & 18 others v Papillion Diani Limited (Cause 109 of 2012) [2014] KEIC 766 (KLR) (11 July 2014) (Ruling)
✦ The court has jurisdiction to entertain the Motion but denies the stay as the applicant has not proved that he will suffer substantial loss if the stay is denied.
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Mokua & 9 others v Registrar of Trade Unions & another (Cause 3 of 2014) [2014] KEIC 848 (KLR) (9 July 2014) (Ruling)
✦ The appeal is struck out with costs to the respondents.
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Settim & another v National Social Security Fund the Board of Trustees (Cause 204 of 2011) [2014] KEIC 833 (KLR) (9 July 2014) (Ruling)
✦ Preliminary objection fails and is dismissed with costs
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Okinda v Kenya National Union of Teachers & 12 others (Cause 119 of 2014) [2014] KEIC 1180 (KLR) (8 July 2014) (Ruling)
✦ The preliminary objection is dismissed, and the hearing is ordered to proceed.
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Mangare v Nation Media Group Limited (Cause 926 of 2012) [2014] KEIC 103 (KLR) (7 July 2014) (Judgment)
✦ Claimant is not entitled to any sum for overtime, public holidays, or a weekly rest day, but is entitled to Kshs. 27,000 for house allowance.
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Njoroge v Attorney General & another (Cause 909 of 2012) [2014] KEIC 140 (KLR) (7 July 2014) (Judgment)
✦ The dismissal of the Claimant was lawful and in accordance with the Public Service Regulations.
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Mativo v City Council of Nairobi (Cause 2124 ‘A’ of 2012) [2014] KEIC 102 (KLR) (2 July 2014) (Judgment)
✦ Claim dismissed with costs to Respondent
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Musundi v Kenya Revenue Authority (Cause 936 of 2012) [2014] KEIC 137 (KLR) (1 July 2014) (Judgment)
✦ The dismissal was not for lack of integrity due to theft, but for gross misconduct. The Claimant was not entitled to reinstatement or compensation.