Gathuthi Tea Factory v Kamunya (Employment and Labour Relations Appeal E023 of 2024) [2025] KEELRC 1367 (KLR) (9 May 2025) (Judgment)
- Court
- Employment & Labour Relations Court
- Case number
- 1367
- Citation
- [2025] KEELRC 1367 (KLR)
- Decided
- 9 May 2025
Summary at a glance
TypeAppealPostureFirst AppealCoramON MAKAU
The appellate court will re-evaluate the evidence on record and make its own conclusions, but paying attention to the fact that it neither saw nor heard the witnesses when they gave their testimonies.
Facts
The appellant, Gathuthi Tea Factory, challenges the judgment of the Honorable A.G Kibiru (CM) in Nyeri CMELRC Cause NO. E078 of 2022, claiming the learned trial Magistrate erred in awarding damages for pro-rata leave, overtime pay, and unremitted NSSF deductions.
Issues
- Whether the award of damages for pro-rata leave, overtime pay, and unremitted NSSF deductions should be disturbed.
- Whether the trial court's findings of fact are supported by the evidence and adduced by the witnesses.
Reasoning
The appellate court will not accept the findings of fact by the trial court if they are not supported by the evidence adduced by the witnesses. The court will consider the pleadings and evidence on record, and will not shift the burden of proof from the respondent to the appellant.
Outcome
The appeal will be allowed with costs to the appellant.
Orders
- That the Appeal be allowed with costs to the Appellant.
- That the Learned Trial Magistrate’s judgment be substituted with an order of dismissal.
Authorities cited
⚠ This summary is experimental and generated by a language model, not a lawyer. It can contain errors, omissions, or misinterpretations and must not be relied on for legal decisions. The authoritative source is the full judgment. Please confirm every point against the original before use.
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