Case law
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Division and case type: High Court CivilCivil Suit
…The Plaintiffs contend that the dispute arises from an employment relationship and therefore falls within the jurisdiction of the Employment and Labour Relations Court.…
…Since the Constitution and the Employment and Labour Relations Court Act now vest jurisdiction over employment and labour relations disputes in the Employment and Labour Relations Court, it is appropriate that the reinstated…
Division and case type: CivilCivil Case
…However, permanent employment does not mean that it is necessarily employment for life or until retirement, it merely means that the employment is to continue for an indefinite period with an element of permanency and a degree…
…His contract of employment with the defendant was terminated.…
Division and case type: High Court DivCivil Suit
…’s application dated 9th April 2025 seeking a stay of the proceedings in this suit pending hearing and determination of an appeal against the ruling of this court dated 27th March 2025 which transferred this suit to the Employment…
…that this application should have been made either in the Employment and Labour Relations Court or in the Court of Appeal.…
Division and case type: CivilCivil Suit
…But the employee is under duty to mitigate hisloss by taking other employment which is suitable andavailable.…
…employment.…
Division and case type: CivilCivil Suit
…"The standard terms of employment" and which forms the last four pages of that document. Each of the four pages is dated 2nd january, 1995.…
…Paragraph ten (10) of the terms of employment, makes provision for termination of services.…
Division and case type: High Court CivilCivil Suit
…The 1 st Defendant submitted that the present claim falls within the jurisdiction of the Employment and Labour Relations Court (ELRC) by dint of Articles 162(2) and 165(5) of the Constitution, since it stems from an employment…
…The Constitution, 2010 under Article 162(2) of the Constitution, the Employment and Labour Relations Court is established with jurisdiction to hear and determine disputes relating to employment and labour relations.…
Division and case type: High Court CivilCivil Suit
…The 2nd Defendant denied colluding with the 1st Defendant to have the Plaintiff’s employment contracts terminated and stated that the Plaintiff’s termination of employment preceded the investigation process and criminal proceedings…
…This court is aware that both Defendants had knowledge of the Plaintiff’s employment with KBC and there is evidence that the termination of his employment was not due to the investigations by the 1st Defendant or prosecution…
Division and case type: CivilCivil Case
…1992 DIONYSIUS OMAMBIA ONYINKWA...................PLAINTIFF VERSUS KENYA PORTS AUTHORITY.............................DEFENDANT RULING The plaintiff herein alleged in his plaint that he was so unlawfully dismissed from his employment…
…common ground that the dismissal culminated from an inquiry by a committee which had been set up to inquire into an allegation that the plaintiff had received bribes from potential candidates seeking to be interviewed for employment…
Division and case type: High Court CivilCivil Suit
…The client shall not during the subsistence of this contract, or one year of termination thereof; a) Knowingly offer employment in any capacity to any person who shall be or shall have been in the employment of the Company…
…. - Sample of the Defendant’s employees’ employment contract. 42.…
Division and case type: CivilCivil Suit
…When he did not agree to this he received a letter Exh 2 dismissing him summarily in accordance with section 17(g) of Employment Act for misappropriating company money as well as absenting himself from work.…
…Since the plaintiff has since then not got any other employment and is not likely to get any, he ought to be paid for all the time he has been without a job and for the future period he is going to be without a job.…
Division and case type: High Court CivilCivil Suit
…That the impugned utterances are alleged to have been made by the 1st defendant in the course of his employment with the County Government. 5.…
…In this regard, whether the 1st defendant acted within the scope of his employment, under actual or ostensible authority or outside the scope of his employment or entirely on a personal capacity, those are questions that…
Division and case type: High Court CivilCivil Suit
…That the impugned utterances are alleged to have been made by the 1st defendant in the course of his employment with the County Government. 5.…
…In this regard, whether the 1st defendant acted within the scope of his employment, under actual or ostensible authority or outside the scope of his employment or entirely on a personal capacity, those are questions that…
Division and case type: High Court DivCivil Suit
…is therefore my finding that the proper court to determine whether the exercise the Plaintiff was undertaking was within the scope of her attachment, whether therefore, she sustained the injury within the course of her employment…
…and whether the proper tribunal is or is not WIBA, is the Employment and Labour Relations Court (ELRC) but not this court.…
Division and case type: High Court CivilCivil Suit
…He pleaded with the court consider that he is a senior citizen of a 70 years of age and had since left employment with Technical University of Kenya and he has no means to pay.…
…The streets are full of men and women who are not in any formal employment and they bear wealth that is beyond the reach and imagination of most formally employed persons.…
Division and case type: CivilCivil Suit
…With regard to wrongful dismissal, every employee in every employment except one expressly excluded by statute has the right not to be unfairly dismissed by his employer.…
…normal measure of damages is the amount an employee would have earned under the contract for the period until the employer could lawfully have terminated it, less the amount he could reasonably be expected to earn in other employment…
Division and case type: High Court CivilCivil Suit
…In the sixth and final place, the issue raised appears to touch on employment and labour relations. It is about an employee of the Church being appointed, and transferred.…
…The High Court has no jurisdiction to address employment and labour relations issues.…
Division and case type: Environment and Land CourtCivil Suit
…Lastly, that the Honorable-Court be pleased to grant a preservatory order to maintain the prevailing Status Quo to the effect that the Applicant\'s occupation and tenure of employment covering 278.5 Acres on the suit parcel…
…behalf of the Estate of Paul Mbatia Mbiyu Koinange (deceased) to be engaged on 278.5 Acres within the suit parcel L.R NO.8669/3 in Mau Narok, ( Muthera Farm) measuring Approximately 4.296 Acres and thus by virtue of his employment…
Division and case type: High Court DivCivil Suit
…person cause by or arising out of the use of the vehicle on a road: Provided that a policy in terms of this section shall not be required to cover – Liability in respect of the death arising out of and in the course of his employment…
…of a person in the employment of a person insured by the policy or of bodily injury sustained by such a person arising out of and in the course of his employment: or” Section 10(1) provides that, “If, after a policy of insurance…
Division and case type: CivilCivil Case
…She contends that her employment was unlawful and in breach of her contract of service with the Defendant. She further contends that the Defendant defamed her in various notes and memoranda addressed to her.…
…Again if the employee were to be minded to leave his employment, say for a better - paid job, and he gives notice of his intention to leave, the employees is not obliged to assign any reason for his intention to terminate…
Division and case type: High Court DivCivil Suit
…It is beyond argument that a High Court may not determine matters falling squarely under the jurisdiction of the Employment and Labour Relations Court and the Land and Environment Court, whether it is a substantive hearing…
…and Labour relations was transferred from the High Court to the Employment and Labour Relations Court.…