John Kivunzi Musyoka t/a Jona Pestcon v Nyae & another (Appeal E028 & E027 of 2023 (Consolidated)) [2023] KEELRC 3077 (KLR) (16 November 2023) (Judgment)

Summary at a glance

Facts

The respondents claimed unfair termination of employment, redundancy without pay, and underpayment of wages. The appellant argued that the claims were time-barred and that the employment relationship was governed by a written contract of service.

Issues

• Whether the claims made by the respondents are time-barred under Section 90 of the Employment Act, 2007.
• Whether the employment relationship was governed by a written contract of service for a period of 6 months or the lifespan of the contract with Kenya Ports Authority (KPA).

Reasoning

The court found that the claims made by the respondents were not time-barred and that the employment relationship was governed by a written contract of service.

Outcome

Partial success of the appeal

Orders

• Judgments in Mombasa CMELRC No 73 and 74 of 2019 are hereby conrmed save for the awards of underpayments, which are reduced to Kshs 50,987.10 for each respondent.
• Payment of the dues owing within 45 days shall apply.
• Costs awarded shall accrue from the lower court after 45 days.

Remedies

• Reduction of underpayments to Kshs 50,987.10 for each respondent.

Authorities cited