Broadways Logistics Limited v Abdulkadir (Appeal E266 of 2024) [2025] KEELRC 2567 (KLR) (25 September 2025) (Judgment)

Summary at a glance

Facts

The respondent, Abdulkadir, claimed unfair termination of employment by the appellant, Broadways Logistics Limited, on 7 December 2020. The appellant alleged that the respondent abandoned his work and refused to submit necessary records, leading to non-payment of Ksh. 300,000.

Issues

• Whether the learned magistrate erred in finding that the respondent’s services were terminated unfairly.
• Whether the learned magistrate erred in failing to find that the respondent abandoned his assigned trailer truck registration.
• Whether the learned magistrate erred in failing to determine the appellant’s counterclaim.
• Whether the learned magistrate erred in failing to find that the respondent’s terms and conditions of employment were mutually agreed in a written letter of appointment.
• Whether the learned magistrate erred in failing to consider the evidence adduced by the appellant in its entirety.
• Whether the judgment goes against the material and evidence placed before the court.

Reasoning

The court re-evaluates the evidence and finds that the appellant did not provide evidence demonstrating reasonable steps to contact the respondent to understand the reasons for abandoning work. The court concludes that the respondent did not abandon his work and that the termination was not unfair.

Outcome

Appeal dismissed with costs

Orders

• The appeal is dismissed with costs.
• The judgment of the lower court is upheld.
• The counterclaim is dismissed.

Authorities cited