Cheruiyot & 6 others v Kericho Water & Sanitation Company Limited(KEWASCO) (Appeal E005 of 2022) [2024] KEELRC 660 (KLR) (13 March 2024) (Judgment)

Summary at a glance

Facts

The appellants filed a suit against the respondent alleging that the employment contracts between them and the respondent were illegal due to non-advertising of positions, while the respondent argued that the contracts were valid and met all elements of an employment.

Issues

• Whether the learned trial magistrate erred in law and fact by finding the employment contracts illegal due to non-advertising.
• Whether the learned trial magistrate erred in law and fact by finding the employment contracts valid and meeting all elements of an employment.

Reasoning

The Court found that the employment contracts were valid and met all elements of an employment, thus the non-advertising was not a valid reason to invalidate the contracts.

Outcome

The appeal was allowed, and the judgment and decree were set aside.

Orders

• The learned trial magistrate's finding that the employment contracts were illegal was overturned.
• A proper finding was made regarding the validity of the employment contracts.

Remedies

• The judgment and decree were set aside.
• Costs were provided for.