Sierra Flora Limited v Kerubo (Employment and Labour Relations Appeal E029 of 2023) [2025] KEELRC 664 (KLR) (28 February 2025) (Judgment)

Summary at a glance

Facts

Sierra Flora Limited filed an appeal against the judgment and orders of the Honourable Principal Magistrate K. Kibelion, claiming the learned trial magistrate erred in law and fact in awarding the Respondent Kshs.29,980/= for annual leave and Kshs.48,616.60/= for public holidays.

Issues

• Whether the learned trial magistrate erred in awarding the Respondent annual leave and public holidays
• If (a) above is in the affirmative, whether the Respondent is entitled to costs
• Who should bear the costs of the appeal

Reasoning

The court reiterates that an employer must keep records of employment documents and the respondent did not provide evidence of leave applications. The court finds the respondent not deserving of unpaid leave compensation.

Outcome

The appeal is partially successful.

Orders

• Each party to meet their costs of the lower court case and the present appeal case

Authorities cited