Case law
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Division and case type: Appeals DivisionAppeals
The court considered an appeal against a Senior Resident Magistrate's judgment in MCELRC/E940 of 2020. The appellant challenged the magistrate's findings that he failed to prove unfair termination by the respondent on a balance of probability, unpaid salary arrears, and procedural fairness. The court held that the appellant discharged the burden of proof under the Employment Act by providing email evidence showing termination without consultation, and the respondent failed to justify the termination. The court allowed the appeal, setting aside the magistrate's judgment and ordering payment of Kshs 210,600 in unpaid salary arrears.
Division and case type: Employment and Labour Relations CourtJudicial Review
…The Court has considered the Motion dated 27 June 2023, and filed in Court on 29 June 2023 and directs as follows: (i) The Motion to be served not later than 4 July 2023…
…Considering that the substantive Motion has not been filed, the Court directs that the parties appear before Baari J on 11 June 2023 for further directions.…
Division and case type: Claims and Labour Relations DivisionClaim/Causes
…The Motion dated 26 November 2024 to be served before the end of 29 November 2024. 2. The served/concerned party to file and serve a response on or before the end of 6 December 2024. 3. …
Division and case type: Employment and Labour Relations CourtClaim/Causes
…The Court has considered the Motion, affidavit in support and the submissions from both parties. 6.…
…The Instant Motion seeks the Court to alter not only the order declining the reliefs sought, but to alter its reasoning. 10.…
Division and case type: Judicial Review and Labour Rights DivisionPetitions
…The Court gave directions on the Motion and Preliminary Objection on 27 January 2025. 13.…
…One, the 1st Petitioner was part of the applicants who filed a Review Motion dated 5 December 2022 and which Motion was determined by the Court on 25 April 2023. 16.…
Division and case type: Employment and Labour Relations CourtClaim/Causes
…In the affidavit, it was asserted that the Motion was incurably defective because it was supported by an affidavit sworn before the Motion was prepared; the exhibits were not sealed by a Commissioner of Oaths; the Claimant…
…The Court has considered the Motion, affidavits and submissions and come to the view that the Motion should be declined. 14. The Cause was dismissed on 14 December 2023. 15.…
Division and case type: Claims and Labour Relations DivisionClaim/Causes
…The Motion dated 27 November 2024 to be served before the end of 29 November 2024.. 2. The served and concerned parties to file and serve responses on or before the end of 6 December 2024. 3. …
Division and case type: Claims and Labour Relations DivisionClaim/Causes
…Despite the service, the Respondent did not respond to the Motion or attend the Court. 6. The Court has considered the record, Motion and affidavit in support. 7.…
…When the Motion was placed before the Court ex-parte (differently constituted), the Motion was dismissed with no order on costs on 31 May 2024. 10. The Claimant has now brought a Motion seeking similar orders. 11.…
Division and case type: Claims and Labour Relations DivisionMiscellaneous Applications
…The advocate filed a replying affidavit in opposition to the Motion on 3 October 2024, contending that the Motion was incompetent because it had been filed by an advocate who is not formally on record; the motion was raising…
…The Court has considered the Motion and affidavits. 8.…
Division and case type: Claims and Labour Relations DivisionMiscellaneous Applications
…When the Motion was called on 11 February 2025, none of the parties were present and the Court dismissed the Motion. 10.…
…Despite the applicant’s explanations, the Motion seeking substitution is fatally defective in that it would serve no legal purpose to vacate the order of 11 February 2025 dismissing the Motion. Orders 21.…
Division and case type: Claims and Labour Relations DivisionMiscellaneous Applications
…The Court gave directions on the Motion on 29 January 2025. 7. However, on 7 February 2025, the applicant filed a Notice to Withdraw and Discontinue the Motion. 8.…
…The Court will in the circumstances mark the Motion dated 4 October 2024 as withdrawn. 9.…
Division and case type: Claims and Labour Relations DivisionClaim/Causes
…The Claimant’s Motion could not be heard on 26 September 2024 because the Court was not sitting and on 30 September 2024, the Deputy Registrar sent an email to the parties notifying them that the Motion would be heard on…
…The Court has considered the Motion, affidavits and the record and come to the view that the Motion should be declined for the following reasons. 11.…
Division and case type: Judicial Review and Labour Rights DivisionPetitions
…Eleven, most of the grounds raised in support of the instant Motion are a replica/copy-paste of the grounds which were advanced by the Petitioner in the earlier Motion seeking a stay of proceedings and which the Court determined…
…Twelve, all the issues advanced in the instant Motion and Petition were raised in the Petitioner’s replying affidavit sworn on 7 May 2024 in opposition to the Interested Party’s Motion dated 10 November 2023 and which Motion…
Division and case type: Employment and Labour Relations CourtClaim/Causes
…The Court has considered the Motion dated 27 June 2023 and declines to certify it as urgent.…
…The Motion and Memorandum of Claim to be filed and the Respondent to file and serve responses to both within 21 days of service. Further directions on 21 September 2023.…
Division and case type: Appeals DivisionAppeals
…The Court has considered the Motion, affidavits and submissions. 8.…
…The Motion dated 12 September 2024 is for dismissal. Claimant’s Motion 21.…
Division and case type: Employment and Labour Relations CourtClaim/Causes
…On 1/11/2022, the Respondent filed a Notice of Motion dated 10/11/2021 seeking, inter-alia, setting aside of this Court’s aforesaid judgment .…
…The Respondent’s said Notice of Motion dated 10/11/2021, which the Claimant had opposed, was eventually considered by this Court and was dismissed vide this Court’s Ruling delivered on 25/5/2023. 4.…
Division and case type: Employment and Labour Relations CourtJudicial Review
…The ex-parte applicants filed a Motion on 11 December 2023, and an Amended Motion on 18 January 2024. 3.…
…The Court has considered the Motion, affidavits and submissions. Competency of the Motion 7.…
Division and case type: Employment and Labour Relations CourtPetitions
…The motion is supported by grounds on the face of the motion and the affidavit of the Petitioner.…
…Having said this, I also note that the final prayer in the Petitioner’s petition is similar to that sought in the interim through this motion.…
Division and case type: Claims and Labour Relations DivisionMiscellaneous Applications
…The Motion was served upon the Respondent on 4 November 2024. Despite the service, the Respondent did not file a response to the Motion. 4.…
…The Court has considered the Motion, affidavit in support and submissions. 8. The advocate's Bill of Costs was taxed on 30 September 2024. 9. The Respondent has not filed a response in opposition to the Motion. 10.…
Division and case type: Employment and Labour Relations CourtClaim/Causes
…On 29 June 2023, the Respondent filed a Motion under a certificate of urgency seeking stay of execution on the primary ground that it had paid the entire decretal sum of Kshs 812,664/- into the Claimant’s account held with…
…The Court has considered the Motion, affidavits and record. 7.…