Sana Industries Limited v Macharia (Appeal E105 of 2025) [2025] KEELRC 3189 (KLR) (13 November 2025) (Judgment)
- Court
- Employment & Labour Relations Court
- Case number
- 3189
- Citation
- [2025] KEELRC 3189 (KLR)
- Decided
- 13 November 2025
Summary at a glance
TypeAppealPostureAppeal from a judgment and decree of the Hon. D. Orago (SRM)CoramJW KELI
The appeal was partially successful, and the court ordered each party to bear their own costs on appeal.
Facts
Sana Industries Limited filed a Memorandum of Appeal against the Hon. D. Orago's (SRM) judgment and decree in Ruiru MCELRC Cause No. E024 of 2024.
Issues
- whether the trial Magistrate erred in finding that the Respondent's employment converted from casual to permanent
- whether the trial Magistrate erred in finding that the Respondent was unfairly terminated from employment
- whether the trial Magistrate erred in awarding one month's salary in lieu of notice and Kshs. 160,800 as compensation for unfair or unlawful dismissal
- whether the trial Magistrate erred in awarding Kshs. 121,940 as unpaid leave for 13 years rather than 38 months leave as envisaged in Section 28(2)
Reasoning
The court found that the omission of certain documents in the Record of Appeal was a genuine mistake and was remedied by the Respondent. The court also found that the Respondent's decision to seek striking out the appeal rather than filing a supplementary record demonstrated no prejudice.
Outcome
Partial success for the Appellant
Orders
- Interest
- Certificate of service be issued to the claimant
- Stay of 30 days
⚠ 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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