Sana Industries Limited v Kinyota (Appeal E104 of 2025) [2025] KEELRC 3230 (KLR) (13 November 2025) (Judgment)

Summary at a glance

Facts

The Respondent was employed by the Appellant as a general worker from April 2019 to June 22, 2022, and was terminated on account of redundancy. The Appellant claimed the employment was casual, while the Respondent argued it was permanent.

Issues

• Whether the trial Magistrate erred in finding the Respondent's employment converted to permanent
• Whether the trial Magistrate erred in finding the Respondent was unfairly terminated
• Whether the trial Magistrate erred in awarding one month's salary in lieu of notice and Kshs. 57,376.00 as compensation
• Whether the trial Magistrate erred in awarding service pay
• Whether the trial Magistrate erred in awarding severance pay

Reasoning

The court found the trial Magistrate erred in finding the employment converted to permanent due to lack of proof of continuous work. The award of severance pay was upheld as the Respondent was terminated on account of redundancy.

Outcome

The appeal was partially successful, and the trial Magistrate's findings on the conversion of employment to permanent and the award of severance pay were upheld. The award of one month's salary in lieu of notice and compensation was set aside.

Orders

• Interest
• Certificate of service be issued to the claimant
• Each party to bear their own costs on appeal
• Stay of 30 days

Remedies

• Certificate of service
• Stay of 30 days

Authorities cited