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

[2025] KEELRC 664 (KLR) Employment & Labour Relations Court
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Court
Employment & Labour Relations Court
Case number
664
Citation
[2025] KEELRC 664 (KLR)
Decided
28 February 2025
Beta Machine-generated summary. Automatically produced by AI from the judgment text — it may be incomplete or inaccurate. Always verify against the full judgment below. Not legal advice.

Summary at a glance

TypeAppealPostureAppeal from the judgment and orders of the Honourable Principal Magistrate K. KibelionCoramAN MWAURE, Odunga
The court sets aside the award of Kshs.29,980/= for annual leave and upholds the award of Kshs.48,616.60/= for public holidays. The appeal is partially successful.

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

Cases cited (2)
  • Peters v Sunday Post Limited (1958) EA 424
  • Ragoli Ole Manadiegi -Vs- General Cargo Services Limited (2016) eKLR
⚠ 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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