Adrian Company Limited v Karanja (Civil Appeal 190 of 2019) [2025] KECA 497 (KLR) (21 March 2025) (Judgment)
- Court
- Court of Appeal
- Case number
- 497
- Citation
- [2025] KECA 497 (KLR)
- Decided
- 21 March 2025
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppeal from a High Court judgmentCoramF. TUIYOTT, A.O. MUCHELULE, G.V. ODUNGA
Holding
The employment was a contract for service, not a contract of service. The appeal is allowed, and the judgment and decree of the trial court are set aside. The claim is dismissed with costs.
Facts
Adrian Company Limited employed Anthony Wainaina Karanja as a senior telecommunications manager from April 8, 2013 to August 8, 2013. Karanja was paid Kshs.200,000/= for one completed project and was terminated without a formal contract.
Issues
- Whether the employment was under a contract of service or a contract for service.
- Whether Karanja was fully compensated for his services.
- Whether the termination was fair and the compensation awarded was appropriate.
Reasoning
The court found that the employment was a contract for service based on the lack of a formal contract and the payment structure. The compensation was not fully supported by evidence.
Outcome
Appeal allowed, judgment and decree set aside
Orders
- Dismiss the respondent's claim with costs
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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