Carepay Limited v Afundi (Appeal E308 of 2024) [2026] KEELRC 155 (KLR) (23 January 2026) (Judgment)
- Court
- Employment & Labour Relations Court
- Case number
- 155
- Citation
- [2026] KEELRC 155 (KLR)
- Decided
- 23 January 2026
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeAppealPostureAppeal from the Judgment and Decree of the Hon. T. B. Nyangena (SPM)CoramJW KELI
Holding
The appeal was allowed, and the judgment of the Chief Magistrate's Court was set aside. The Respondent was awarded 52 months' salary as compensation, and the standard of proof used in criminal cases was applied.
Facts
The Respondent, Teddy Ayodi Afundi, was terminated from employment by Carepay Limited. The Appellant, Carepay Limited, is dissatisfied with the judgment and seeks to set it aside.
Issues
- Whether the trial court erred in finding the Respondent was unfairly terminated from employment.
- Whether the trial court erred in finding the Respondent was discriminated against.
- Whether the trial court erred in determining the relief granted.
Reasoning
The court found that the Honorable Magistrate erred in awarding general damages and in applying the standard of proof used in criminal cases.
Outcome
The appeal was successful.
Orders
- The Appeal herein be allowed.
- The judgment of the Chief Magistrate's Court delivered on 26th September 2024 be set aside.
- This Honourable Court be pleased to order that Respondent's termination was fair, lawful, and for a valid reason.
- This Honourable Court do order that the Respondent is not entitled to the prayers sought in the Amended Statement of Claim.
- Costs of the Appeal and the cause in the Chief Magistrate's Court be awarded to the Appellant.
Remedies
- Award of 52 months' salary to the Respondent as compensation.
Authorities cited
Legislation (1)
- Employment Act
Cases cited (1)
- Section 43 of the Employment Act
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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