Ncekei v Koleta Farm Limited (Appeal E148 of 2022) [2023] KEELRC 1934 (KLR) (4 August 2023) (Judgment)

Summary at a glance

Facts

The appellant, Lucy Ncekei, claimed she worked for the respondent, Koleta Farm Limited, from September 2019 to March 2021. She alleged an employment relationship with a basic salary of Kshs 45,000 per month, which increased to Kshs 55,000 in January 2020 and Kshs 70,000 in September 2020. She also claimed overtime and extra hours, house allowance, and leave pay. The respondent denied employing the appellant and claimed the relationship was purely humanitarian assistance.

Issues

• Whether the trial court erred in finding that the parties were not in an employment relationship.
• Whether the appellant provided cogent viva voce and documentary evidence to establish an employment relationship with the respondent.

Reasoning

The trial court found that the appellant failed to show the duties she was performing at the respondent's office and failed to explain the work done on many days and long hours. The court concluded that the relationship was privately between the appellant and the respondent, and the trial court was not in error.

Outcome

Appeal dismissed

Orders

• The appeal is dismissed with costs in favour of the respondent.