Were v Staffing Africa Limited & another (Appeal E144 of 2025) [2025] KEELRC 3544 (KLR) (11 December 2025) (Judgment)
- Court
- Employment & Labour Relations Court
- Case number
- 3544
- Citation
- [2025] KEELRC 3544 (KLR)
- Decided
- 11 December 2025
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeAppealPostureFirst appeal from the judgment of Hon. Lewis GatheruCoramM. Mbarũ
Holding
The appeal is without merit and is hereby dismissed. The appellant is to pay the respondents' costs of the appeal.
Facts
The appellant claimed she was employed by the 1st respondent and seconded to the 2nd respondent as a cleaner and general worker from 2002 to 8 August 2023. She was terminated on 8 August 2023 without due process.
Issues
- Whether the learned magistrate erred in not awarding the claimant the prayers sought in the Memorandum of Claim
- Whether the learned magistrate erred in fact by dismissing the claimant's suit despite the respondent admitting they employed her
- Whether the learned magistrate erred in fact by failing to take into account and to consider the evidence adduced on behalf of the appellant
- Whether the learned magistrate failed to appreciate the submissions of the appellant by finding judgment in favour of the respondent
- Whether the findings of the learned magistrate are insupportable in law or based on the evidence adduced
Reasoning
The court found that the appellant was employed on a casual basis and that the evidence did not support the claim of unfair termination of employment.
Outcome
Appeal dismissed
Orders
- Appellant to pay respondents' costs of the appeal
Authorities cited
Legislation (1)
- Employment Act
Cases cited (1)
- Rashid Odhiambo Allogoh & 245 others v Haco Industries Limited (2015) 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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