Case law
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Division and case type: Appeals DivisionAppeals
…Further, that the appellant’s business establishment was shut down on account of the then prevailing Covid-19 pandemic.…
…Concerning the judgment of the trail Court, Counsel submitted that the Court made a wrong presumption that the appellant deliberately closed its business due to the then prevailing Covid-19 pandemic.…
Division and case type: Employment and Labour Relations CourtAppeals
…He stated that the disciplinary process was delayed by the Covid-19 Pandemic. 13.…
…Subsequently, the half pay was also suspended due to financial constraints caused by the Covid-19 Pandemic. 21.…
Division and case type: Employment and Labour Relations CourtAppeals
…What is however, discernible is that it was occasioned by the COVID-19 pandemic. The Claimant was paid Kshs.78,050.00 as terminal dues and acknowledged receipt.…
…The trial Court held that the Respondent could not be blamed for the separation as the outbreak of the COVID-19 pandemic was unforeseeable and thus beyond his control.…
Division and case type: Claims and Labour Relations DivisionClaim/Causes
…The Respondent attributed the salary variations to austerity measures put in place as a response to the declaration of a public health pandemic due to COVID-19. 14.…
…Upon the declaration of the COVID-19 public health pandemic in March 2020, normal and social life as well as economic activities were significantly affected. 23.…
Division and case type: Employment and Labour Relations CourtAppeals
…In the judgment, the learned magistrate held that the appellant had deserted duty following the COVID-19 pandemic and was only entitled to a month's notice pay and accrued leave pay, along with a certificate of service.…
…He contends that on 30 April 2020, he was sent on compulsory leave due to the COVID-19 pandemic. He resumed work on 1 December 2020 when he was issued a two-week contract, which he refused to sign.…
Division and case type: Employment and Labour Relations CourtAppeals
…Introduction The appellant was employed by the respondent as Accounts Clerk in 2006 until July 2020 when she was given a compulsory leave without pay due to covid-19 Pandemic.…
…It further submitted that the appellant was sent on compulsory unpaid leave from 13th July 2020 due to Covid-19 pandemic and on 15th July 2022, she was served with a termination letter citing financial challenge due to effects…
Division and case type: Claims and Labour Relations DivisionClaim/Causes
…-19 pandemic.…
…That the Respondent communicated regularly through its online staff forum during the COVID-19 pandemic.…
Division and case type: Claims and Labour Relations DivisionClaim/Causes
…judgment sum entered in this matter including costs, and that the Applicant is a learning institution that is facing financial challenges brought about by an up surge of cases filed against it by creditors following the COVID…
….19 pandemic. 3.…
Division and case type: Employment and Labour Relations CourtAppeals
…senior officers, had been calling the Appellant to return to work and offer his services on short term contracts, meaning that the Respondent’s business was still running and that the Respondent was mercilessly using the Covid…
…-19 pandemic situation to engage in unfair labour practices. e) that the Appellant was unfairly and unjustifiably declared redundant by the Respondent without following due process as per the law, and without payment of terminal…
Division and case type: Judicial Review and Labour Rights DivisionPetitions
…The Respondent further averred that due to COVID-19 pandemic on or about August,2020 that caused economic recession worldwide the Petitioner was granted unpaid leave by the Respondent for sixty days effective 10th August,…
…of Covid-19 that caused economic recession worldwide. e.…
Division and case type: Employment and Labour Relations CourtAppeals
…-19 pandemic.…
…-19 pandemic.…
Division and case type: Employment and Labour Relations CourtAppeals
…The 1st Claimant further testified that he was not sent on unpaid leave because of the COVID-19 pandemic but was unfairly terminated from employment.…
…According to him, the Respondent subsequently informed him that it lacked funds due to the COVID-19 pandemic and sent him home.…
Division and case type: Employment and Labour Relations CourtAppeals
…The respondent was sent on unpaid leave due to the severe economic ramifications of the COVID-19 pandemic and in response to government regulations aimed at curbing the spread.…
…This letter advised that operations had stopped due to the COVID-19 pandemic and government regulations. The respondent accepted the notice for the stoppage of work and pleaded for unpaid leave.…
Division and case type: Employment and Labour Relations CourtAppeals
…The appellant employed the respondent for 20 years until 4th June 2020 when it terminated the contract with a notice of one month citing frustration occasioned by the Covid-19 Pandemic.…
…He further confirmed that the appellant was a hotel and due to Covid-19 Pandemic austerity measures were introduced including reduction of salary. He denied knowledge whether the hotel was closed down. 8.…
Division and case type: High Court CivilCivil Appeal
…It held that the landlord was justified in retaining the deposit so as to wipe out his loss as a result of the Covid 19 pandemic and further that the issue of rent was not an issue before it as it was a separate issue all…
…19 pandemic, when the said rent deposit of Kshs. 990,930 was paid before the Covid 19 pandemic had set in and could not be an event that would have prevented the respondent from refunding the said rent deposit to the appellant…
Division and case type: Appeals DivisionAppeals
…The Learned Magistrate erred both in law and fact by failing to appreciate the facts of the case, prevailing conditions of COVID 19 pandemic and the provisions of the Employment Act. 2007 and thus arrived at a wrong decision…
…19 pandemic and the provisions of the Employment Act. 2007 and thus arrived at a wrong decision. 17.…
Division and case type: Employment and Labour Relations CourtClaim/Causes
…Sabharwal Dear Sir, REF: RETIREMENT I acknowledge receipt of your letter dated 29th June, 2020 which took me by surprise and especially during this Covid-19 pandemic difficulties.…
…Further, the Respondent’s witness in his testimony explained that the reduction of salary by 70% was done in mitigation of the effects of Covid-19 pandemic.…
Division and case type: Environment and Land CourtAppeal
…However, this Appeal was filed on 6th August 2019, and the Covid 19 Pandemic period when courts were closed set in in March 2020.…
…However, this court observed that the Appeal was filed pre Covid 19 Pandemic, and that cannot be used as an excuse.…
Division and case type: High Court Commercial and TaxCommercial Matters
…He further attributed the delay to the Covid-19 pandemic which paralyzed the courts operations and that the Advocate had difficulties in mapping the case on CTS.…
…It was submitted that directions had been given with respect to how matter would proceed during the Covid-19 pandemic which had undoubtedly started two years after the pandemic.…
Division and case type: High Court Civil Appellate DivisionCivil Appeal
…The Appellant averred that while servicing its repayment obligations under the lease agreements, its business was adversely affected by the Government restrictions imposed during the COVID-19 pandemic, the increased costs…
…The Appellant contended that its financial difficulties arose from the effects of the COVID-19 pandemic, which it argued constituted a force majeure event, and maintained that the trial court had erred in discharging the…