Kema Investment Ltd v Oroo (Employment and Labour Relations Appeal E024 of 2021) [2023] KEELRC 264 (KLR) (3 February 2023) (Judgment)
- Court
- Employment & Labour Relations Court
- Case number
- 264
- Citation
- [2023] KEELRC 264 (KLR)
- Decided
- 3 February 2023
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeAppealPostureAppeal from a judgment of the Principal MagistrateCoramSC RUTTO
Holding
The Court found that the respondent was an employee of the appellant and revised the award of leave pay downwards from Kshs 247,790.00 to Kshs 26,017.84.
Facts
The respondent claimed against the appellant for one month's salary in lieu of notice, compensatory damages, annual leave for 10 years, and service gratuity payment for 15 days for 10 years. The trial court awarded leave pay for 18 months.
Issues
- Whether the evidence established that the respondent was an employee of the appellant
- Whether the trial Court erred in law and in fact in awarding the respondent leave pay for 10 years
Reasoning
The Court re-evaluated the evidence and found that the respondent was employed by the appellant, but the award of leave pay for 10 years was revised downwards.
Outcome
Appeal partially successful
Orders
- Interest on the revised amount at court rates from the date of the judgment until payment in full
- Each party to bear their own costs in this Court and at the trial Court
Remedies
- Revised award of leave pay
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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