Case law
Search tips: "exact phrase" · -exclude · land | property · negligen* · citations like [2023] KEHC 123
Division and case type: Appeals DivisionAppeals
…Whether the court erred in remedies awarded(Grounds 5 f,g,i and j). 7. The Respondent addressed the same issues as the appellant and the same are adopted as the issues for determination in the appeal.…
…Whether the court erred in remedies awarded(Grounds 5 f,g,i and j). Appellant’s submissions 29. These grounds relate to the remedies awarded and to the applicable rate of salary for the remedies.…
Division and case type: Employment and Labour Relations CourtClaim/Causes
…It is the Claimant’s submission that he is entitled to the remedies on account of the unlawful summary dismissal. 22.…
…Whether the Claimant is entitled to the remedies sought. Whether the Claimant’s dismissal was lawful 31.…
Division and case type: Employment and Labour Relations CourtAppeals
…The learned magistrate erred in law and fact in awarding the remedies sought without providing any, or any lawful basis, for the award.…
Division and case type: Employment and Labour Relations CourtJudicial Review
…The Applicant further states that there is no other equitable remedy available to her in the circumstances, the Respondent being a County government.…
…An order of Mandamus is an equitable remedy that serves to compel a public authority to perform its public legal duty.…
Division and case type: Employment and Labour Relations CourtPetitions
…These proceedings offend the doctrine of exhaustion contemplated under Article 159(2)(c) of the Constitution, since there exists an alternative dispute resolution forum and alternative remedies, including an investigative…
…appeal process enshrined under Section 88 of the Public Service Commission Act and Section 77 of the County Government Act bestows the PSC with both Constitutional and statutory jurisdiction, as alternative and effective remedies…
Division and case type: Employment and Labour Relations CourtAppeals
…The Claimant prays for the following remedies on behalf of the Grievant: a) Notice in lieu 11,700 2 years leave 14,400 x 21 x 2 ÷ 30 20,160 2 years public holidays worked (600x18) 10,800 2 years salary underpayment. 14,400…
…represent the Grievant; whether there was any employment relationship between the Respondent and the grievant; whether the employment relationship was terminated unfairly; and finally, if the Claimant is entitled to the remedies…
Division and case type: Claims and Labour Relations DivisionClaim/Causes
…The grant of an order of stay is an equitable remedy and which is given at the discretion of the Court.…
Division and case type: Employment and Labour Relations CourtClaim/Causes
…In other words, if damages recoverable in law are an adequate remedy and the respondent is capable of paying, no interlocutory order of injunction should normally be granted, however strong the applicant’s claim may appear…
…Nairobi (Milimani) HCCC No. 360 of 2001 held thus: “The remedy of injunction is one of the greatest equitable relief.…
Division and case type: Employment and Labour Relations CourtClaim/Causes
…In the Memorandum of Claim dated 8th January 2022 and filed in court on 11th January 2022, the Claimant seeks the following remedies on behalf of the Grievant: Gratuity………………………………………….…
…are: - Whether the Respondent had a valid and fair reason for dismissing the Grievant summarily Whether due process was followed in dismissing the Grievant summarily from employment Whether the Claimant is entitled to the remedies…
Division and case type: Employment and Labour Relations CourtClaim/Causes
…The Claimant prays for the following remedies on behalf of the Grievant: a) Notice in lieu 11,700 2 years leave 14,400 x 21 x 2 ÷ 30 20,160 2 years public holidays worked (600x18) 10,800 2 years salary underpayment. 14,400…
…represent the Grievant; whether there was any employment relationship between the Respondent and the grievant; whether the employment relationship was terminated unfairly; and finally, if the Claimant is entitled to the remedies…
Division and case type: Employment and Labour Relations CourtClaim/Causes
…In respect of the remedies sought, the Respondent submits that the Claimant had not cleared as required by the Human Resource Policy and therefore they could not process his terminal dues.…
…pleadings, exhibits produced, oral testimonies and the rival submissions, the following issues crystalize for determination: - i) Whether the Claimant was constructively dismissed ii) Whether the Claimant is entitled to the remedies…
Division and case type: Employment and Labour Relations CourtPetitions
…However, the Supreme Court in the case of Communications Commission of Kenya & 5 others v Royal Media Services Limited & 5 others [2015] KESC 15 (KLR) held that where statutory remedies exist, constitutional claims should…
…The two Acts and the rules made thereunder provide adequate remedy and orderly enforcement mechanisms.…
Division and case type: Environment and LandLand Case
…The subject matter of the suit being land, I find and hold that damages may not be an adequate remedy to the plaintiff. 15.…
Division and case type: Employment and Labour Relations CourtClaim/Causes
…He seeks the following remedies: - i. A declaration that his termination was unfair and unlawful. ii.…
…The following issues crystalize for determination. a) Whether the Claimant retired from the service of the Respondents b) Whether the Claimant was unfairly dismissed. b) Whether the Claimant is entitled to the remedies sought…
Division and case type: Employment and Labour Relations CourtClaim/Causes
…Substantive issue Whether the Claimant is entitled to remedies sought.…
…Whether the Claimant is entitled to remedies sought. ‘’Whether the Claim is properly before the Court 35)As stated above, the cause of action was based on the refusal by the Respondents to reinstate the Claimant back to the…
Division and case type: Employment and Labour Relations CourtClaim/Causes
…In my view, where it is alleged that an employer didn’t fully or at all make due contributions as contemplated under the NSSF Act, the remedy for an offended employee lies under Section 14 of the same Act, which provides;…
…Where a Statute has expressly provided for a remedy for a particular situation as the Act mentioned hereinabove has done, it will be inappropriate for the litigants or the Court to version another remedy for the same situation…
Division and case type: Employment and Labour Relations CourtPetitions
…Ronald Tanui, has failed to exhaust all the legal remedies provided for in the Union’s Constitution thus making the petition and Application pre-mature.…
…Nyamu J in Alponse Mwangemi Munga & Others V African Safari Club Ltd [2008] Eklr “In the instant case, we wish to emphasize the point that parties should make use of the normal procedures under various laws to pursue their remedies…
Division and case type: Employment and Labour Relations CourtClaim/Causes
…What the Claimant failed to plead was one of the primary remedies where unfair termination of employment is found: compensation. 14.…
…the instant Motion seeking leave to amend will not alter the substance of the pleadings nor advance the cause of justice as that which is sought to be allowed does not change the substance of the pleadings and more so the remedies…
Division and case type: Employment and Labour Relations CourtClaim/Causes
…By failing to do so, and quite apart from the force of their apprehensions, the appellants effectively failed to exhaust their remedies and essentially short-circuited the process by filing suits prematurely.…
…This court in its previous decision has settled the jurisprudence regarding the doctrine of exhaustion of administrative remedies”. The court is bound by the foregoing sentiments.…
Division and case type: High Court Commercial and TaxCommercial Matters
…These remedies are legally distinct, compatible, and not mutually exclusive. 12.…
…The subsection uses the word or which means the remedies are disjunctive and not conjunctive, distinct and not cumulative. The 2nd defendant could only choose one remedy and not more.” 17.…