Shihungu v Morrison (Appeal E143 of 2023) [2025] KEELRC 1901 (KLR) (25 June 2025) (Judgment)
- Court
- Employment & Labour Relations Court
- Case number
- 1901
- Citation
- [2025] KEELRC 1901 (KLR)
- Decided
- 25 June 2025
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeAppealPostureAppeal from a lower court judgment dismissing the Appellant's claim in its entiretyCoramDKN MARETE
Holding
The Appellant's claim is upheld, and the lower court's judgment is set aside. The Appellant is awarded compensation for unfair termination, notice pay, unpaid leave, service pay, and statutory deductions.
Facts
The Appellant, Edith Musavi Shihungu, worked as a house help for the Respondent, Mary Morrison, from December 2016 until her termination in September 2019. She was hospitalized following a severe road accident and claims unfair termination.
Issues
- Whether the Appellant proved the existence of an employment relationship with the Respondent
- Whether the Appellant's termination was unfair
Reasoning
The court finds the Appellant's oral contract and M-Pesa transactions sufficient to establish the employment relationship. The Appellant's termination during a medical crisis without notice or a hearing was unfair.
Outcome
Appeal allowed
Orders
- Award of compensation for unfair termination
- Notice pay
- Unpaid leave
- Service pay
- Statutory deductions
- Issue of a Certificate of Service
- Respondent to bear the costs of the claim and appeal
Remedies
- Compensation for unfair termination
- Notice pay
- Unpaid leave
- Service pay
- Statutory deductions
- Certificate of Service
- Costs of the claim and appeal
Authorities cited
Legislation (1)
- Employment Act, 2007
Cases cited (2)
- Robai Musinzi v. Safdar Mohamed Khan [2012] eKLR
- Alphonse Machanga v. Operation 680 Ltd [2013] eKLR
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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