Korane v Kurgoren (Appeal E321 of 2024) [2025] KEELRC 3417 (KLR) (27 November 2025) (Judgment)

Summary at a glance

Facts

The Appellant, Abdi Korane, filed a Memorandum of Appeal against the Judgment and Decree of the Hon. C.K. Cheptoo (PM) delivered on 18th October 2024 in Nairobi CMELRC No. E785 OF 2021. The Appellant claimed that the trial court erred in finding unfair termination and in accepting a text message from the Respondent's wife as conclusive proof of employment termination.

Issues

• Whether the trial court erred in finding unfair termination
• Whether the Respondent was entitled to relief granted

Reasoning

The court found that the trial court erred in law and fact by accepting a text message from the Respondent's wife as conclusive proof of employment termination, without any corroboration of actual termination and without considering the informal and unbinding nature of the communication.

Outcome

The appeal was allowed and the judgment and/or decree delivered on 18th October 2024 by the lower court against the Appellant was set aside.

Orders

• The appeal be allowed and the judgment and/or decree delivered on 18th October 2024 by the lower court against the Appellant be set aside together with costs

Remedies

• A fresh assessment of the costs

Authorities cited