Omune v Ray Store Limited (Appeal E060 of 2023) [2025] KEELRC 130 (KLR) (29 January 2025) (Judgment)
- Court
- Employment & Labour Relations Court
- Case number
- 130
- Citation
- [2025] KEELRC 130 (KLR)
- Decided
- 29 January 2025
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeAppealPostureAppeal from the judgment of the Principal MagistrateCoramJK GAKERI
Holding
The appeal is partially successful and the sum of Kshs.75,000.00 awarded by the trial court is interfered with and substituted with a sum of Kshs.156,000.
Facts
The respondent employed the claimant as a driver in 2013 and sent him to Mbita to make deliveries. The claimant was late and was harshly treated by the respondent.
Issues
- Overtime and house allowance
- House allowance
- Leave allowance
Reasoning
The court found that the trial court erred in law and fact by not awarding overtime and house allowance, and failing to consider the appellant's evidence and remuneration.
Outcome
Partial success for the appellant
Orders
- Interference with the trial court's judgment and substitution of a sum of Kshs.156,000
Remedies
- House allowance of Kshs.81,000 for a period of 3 years
- Overtime allowance
Authorities cited
Legislation (2)
- Employment Act
- Civil Procedure Act
Cases cited (2)
- James Muriithi Ireri V Njuca Consolidated Co.
- Grain Pro Kenya Inc. Ltd V Andrew Waithaka Kiragu
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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