Kenyan case law
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Cere v Wilham (K) Limited (Cause 698 of 2010) [2014] KEIC 116 (KLR) (10 June 2014) (Ruling)
✦ The Court denied the Application
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Musyoka v Payless Car Hire & Tours, Trading as Budget Rent-A-Car Kenya; Auctioneers (Interested Party) (Cause 436(N) of 2009) [2014] KEIC 127 (KLR) (9 June 2014) (Ruling)
✦ The Respondent’s Application for stay is dismissed with costs to the Claimant and the Interested Party. The decretal sum must be released to the Claimant and the costs due to the Claimant and Interested Party be paid by the Respondent.
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Achola v Bidco Oil Refineries Limited (Cause 175 of 2011) [2014] KEIC 860 (KLR) (9 June 2014) (Judgment)
✦ The Court held that the Claimant was a casual employee and that fair procedure was not followed in his termination. The Claimant is entitled to one month's salary in lieu of notice and service gratuity.
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Mariera v Awanad Enterprises Ltd (Cause 191 of 2013) [2014] KEIC 861 (KLR) (6 June 2014) (Judgment)
✦ The court finds that the claimant's employment was constructively terminated by the respondent. The claimant is entitled to ksh.822,000 plus cost and interest.
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Transport Workers Union v Changamwe Service Station (Cause 305 of 2013) [2014] KEIC 854 (KLR) (6 June 2014) (Ruling)
✦ Preliminary objection dismissed, except the verifying affidavit is struck out and leave granted to file a fresh affidavit to rectify the facts within 7 days.
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Kenya National Private Security Workers Union v Jojas Usalama Security Limited (Cause 1111 of 2011) [2014] KEIC 151 (KLR) (4 June 2014) (Ruling)
✦ The grievants are entitled to annual leave days for 2 years, public holidays for 2 years, underpayment of housing allowance in arrears for 2 years at a rate of 171/- per month, refund of uniform account and maintenance fee, and a certificate of service.
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Fredrick Saundu Amolo Suing Through The Executive Secretary KUPPET Kajiado County Branch v The Principal Namanga Mixed Day Secondary School & 2 others (Cause 747 of 2014) [2014] KEIC 1201 (KLR) (4 June 2014) (Ruling)
✦ The interdict is set aside, and the claimant shall receive his full pay unless there are valid reasons to withhold it. Fair procedure shall be applied to conclude any suspension or interdiction.
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Kenya Union of Commercial Food & Allied Workers v Pembe Flour Mills Limited (Cause 971 of 2011) [2014] KEIC 113 (KLR) (4 June 2014) (Ruling)
✦ The Court dismissed the Review Application as the threshold under Rule 32 was not met by the Claimant and no new evidence was adduced.
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Ahmed Sheikh Mohammed v Garissa Water & Swerage Company (Cause 447 of 2014) [2014] KEIC 13 (KLR) (Employment and Labour) (3 June 2014) (Ruling)
✦ The Claimant shall be paid half salary from the date of suspension until he is either cleared or dismissed by the Board of the Respondent.
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MWM v MFS (Cause 268 of 2013) [2014] KEIC 834 (KLR) (30 May 2014) (Judgment)
✦ The summary dismissal of the claimant was found to be in breach of the employment contract and unfair. The claimant is entitled to payment of ksh.598,000, issuance of a certificate of service, and costs and interest.
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Nungare & 15 others v Bake "N" Bite Limited; Bakery, Confectionery, Food Manufacturing & Allied Workers Union (Interested Party) (Cause 220 of 2013) [2014] KEIC 855 (KLR) (30 May 2014) (Judgment)
✦ The court holds that unionized employees have the right to sue in court without involving their union.
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Adaya v MSB Educational Institute (Cause 210 of 2013) [2014] KEIC 862 (KLR) (30 May 2014) (Ruling)
✦ The court finds both parties have reasonable arguments and the issue of limitation of actions shall be treated as a triable issue for determination at the hearing.
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Ondiba v Egerton University (Cause 1099 of 2012) [2014] KEIC 1197 (KLR) (27 May 2014) (Judgment)
✦ The court determined the employment status of the claimant and found the termination to be valid, fair, and justified.
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Abraham Gumba v Kenya Medical Supplies Authority (Cause 1073 of 2012) [2014] KEIC 6 (KLR) (26 May 2014) (Award)
✦ Termination was unfair and unlawful
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OKMN v Presbyterian Foundation & another (Cause 415 of 2011) [2014] KEIC 837 (KLR) (26 May 2014) (Award)
✦ The Court declares the Claimant's contract of employment was terminated unfairly and awards compensation of Kshs. 512,025.
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EDK v KU (Cause 1715 of 2011) [2014] KEIC 836 (KLR) (19 May 2014) (Judgment)
✦ The Court finds for the Claimant and awards Kshs. 18,766,344/- in damages for discrimination. The Court denies promotion orders.
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Nyamanga v Silver Holdings Ltd (Cause 330 of 2013) [2014] KEIC 1196 (KLR) (16 May 2014) (Judgment)
✦ Claimant's employment was effective from 24 May 2006, and the termination was unfair.
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Henry Mang’erere Nduta v Roadstar Limited (Cause 557 of 2013) [2014] KEIC 114 (KLR) (15 May 2014) (Judgment)
✦ The Court finds that the Claimant was housed during the suspension period, but there were no records to prove this. The Court awards the Claimant 45,000/= for 9 public holidays per year for 5 years and directs the Respondent to pay the unremitted NSSF dues of 12,800/= within 7 days. The Claimant is entitled to 2 months compensation for unfair dismissal and costs of the suit, with dues subject to statutory deductions.
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James Mureithi Wangombe v Rachael Kuthi Mua (Sued as Proprietor of Pizza Pan Restaurant) (Cause 1352 of 2013) [2014] KEIC 152 (KLR) (15 May 2014) (Judgment)
✦ Claimant is entitled to Kshs. 35,000/- as unpaid salary, an order directing the Respondent to remit NSSF dues, one month salary in lieu of notice, and 2 months compensation.
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Hussein v Colour Print Limited (Cause 1591 of 2012) [2014] KEIC 150 (KLR) (14 May 2014) (Judgment)
✦ The Claimant is entitled to 6 months compensation for the unfair termination, 1 month salary in lieu of notice, 16 days worked, and a certificate of service.
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Langat v National Water Conservation & Pipeline Corporation (Cause 219 of 2013) [2014] KEIC 774 (KLR) (12 May 2014) (Judgment)
✦ The Court found the dismissal unlawful and ordered reinstatement of the Claimant within three years of dismissal.
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Wabuke v Machiri Limited & another (Cause 390 of 2013) [2014] KEIC 779 (KLR) (9 May 2014) (Judgment)
✦ The court finds that the claimant was engaged on a term of contract with the full benefit of an employee engaged for monthly wages. The dismissal was unfair.
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Ngala v Ocean Beach Resort & Spa (Cause 358 of 2013) [2014] KEIC 778 (KLR) (9 May 2014) (Judgment)
✦ The claimant was not unfairly terminated; the dismissal was unfair due to lack of a proper hearing. The claimant is awarded one month salary in lieu of notice, overtime pay, and six months gross salary for unfair dismissal.
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Pius Machafu Isindu v Lavington Security Guards Limited (Cause 1050 of 2012) [2014] KEIC 121 (KLR) (8 May 2014) (Judgment)
✦ The Court found the Claimant was dismissed without notice and ordered the Respondent to pay service pay, notice pay, and accrued leave. The Court dismissed the claims for overtime, day off, and house allowance.
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Mutua v LK Mucheke T/A Maru’s Quality Cafe (Cause 1446 of 2013) [2014] KEIC 777 (KLR) (6 May 2014) (Judgment)
✦ The dismissal was not unfair and the Claimant was not given a fair hearing