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Kenya decisions
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Kitui Flor Mills Limited v Katiru [2025] KEELRC 2099 (KLR)
The ELRC allowed an appeal by Kitui Flor Mills Limited and set aside an award to a former worker, holding the claim was filed outside the 3-year limitation period.
Nderi (Deceased) & 4 others (On Their Own Behalf and on Behalf of 32 Members of the Family of the Late Senior Chief Nderi Wang'ombe) v Services & another [2025] KECA 962 (KLR)
The Court of Appeal dismissed a family’s land compensation claim, holding they failed to prove ownership of the 9 acres allegedly taken for hospital expansion.
Mbithi v Public Service Commission & 3 others [2024] KEELRC 13266 (KLR)
The Employment and Labour Relations Court dismissed a contempt-related motion, holding that the applicant had not exhibited the certified order or shown the manner of breach.
Mbogo & another v Njunge; Ambassador US Embassy Kenya (Interested Party) [2024] KEHC 14087 (KLR)
The High Court allowed an appeal over jurisdiction, holding that a compensation dispute tied to the 1998 US Embassy bombing and diplomatic immunity could not proceed as framed.
Masila v Director of Occupational Health and Safety Services; Sukra Salah Limited (Interested Party) [2024] KEELRC 2350 (KLR)
The court found that the Director of Occupational Health and Safety Services is mandated under the Work Injury Benefits Act to process work injury claims, including those lodged by dependents of deceased employees, even if submitted outside the statutory period, provided the employer had knowledge of the accident. The Director failed to demonstrate any effort to obtain necessary documents from the employer or to process the claim as required by law. The employer, as the interested party, did not respond to the suit and is presumed to admit the applicant's claims. The court held that the Direc…
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Attorney General & 3 others v Tott & 8 others [2024] KECA 1275 (KLR)
The Court of Appeal allowed an application to adduce additional evidence on appeal, finding the land-ownership documents were relevant, unavailable at trial, and not unduly prejudicial.
Manjanje & 3 others (Suing in their own capacity and on behalf of Thogoto Ukai Self Help) v National Land Commission [2024] KELAT 1209 (KLR)
The Tribunal found that the Complainants failed to prove ownership of the suit property, as the evidence presented only established a conditional allocation subject to further compliance with the Physical Planning Act and did not amount to a valid title or proprietary interest. The Tribunal also determined that there was no evidence of compulsory acquisition of the suit property by the Government, as the relevant gazette notices and subsequent addenda did not list the property for acquisition. The Tribunal dismissed the Respondent's jurisdictional objection, holding that its jurisdiction exte…
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Guyo v Commandant Kenya Prisons Staff Training College & 2 others [2024] KEELRC 1716 (KLR)
The court reviewed an earlier judgment after finding new information that the Kenyatta University training arrangement had been terminated, making the original reinstatement orders unworkable.
Wekesa v Aqua Plumbing Company Limited [2024] KEELRC 1298 (KLR)
The Employment and Labour Relations Court dismissed an unfair termination claim after finding the employee was absent for seven days and failed to promptly provide valid medical evidence.
Soroya (Suing as the Legal Representative of the Estate of Mohammed Yusuf Soraya, now Deceased) v Gathura & 2 others [2024] KEELC 3724 (KLR)
The court found that the Plaintiff did not lawfully acquire the suit property, as the 2nd Defendant had no valid title to convey, and the transfer process was riddled with irregularities and lacked essential documentation. The Plaintiff failed to demonstrate due diligence, as no certificate of official search or evidence of investigation into third-party occupation was produced. The Plaintiff was aware of third-party occupation and possible fraud, negating any claim to bona fide purchaser status. The chain of title from the original allotee (DW3) to the 1st Defendant was established as lawful…
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