Andambi v Baran Company Limited (Civil Appeal E051 of 2025) [2026] KEELRC 183 (KLR) (28 January 2026) (Judgment)
- Court
- Employment & Labour Relations Court
- Case number
- 183
- Citation
- [2026] KEELRC 183 (KLR)
- Decided
- 28 January 2026
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppeal from a judgment of the Employment and Labour Relations CourtCoramDKN MARETE
Holding
The court allows the appeal and awards service pay, overtime, and house allowance to the appellant.
Facts
Victor Andambi, an employee of Baran Company Limited, claimed overtime, service pay, and house allowance, but the trial court dismissed these claims.
Issues
- Trial court's failure to consider statutory provisions regarding employment records
- Trial court's shifting of burden of proof in service pay and house allowance claims
Reasoning
The court found the trial court erred in its application of the Employment Act, particularly regarding the burden of proof and the requirement for proper employment records.
Outcome
Appeal allowed
Orders
- Service pay of Kshs.42,445.00
- Overtime of Kshs.223,448.50
- House allowance of Kshs.152,802.00
Remedies
- Award of total compensation of Kshs.418,810.00
- Each party to bear their costs of the appeal
Authorities cited
Legislation (1)
- Employment Act, 2007
Cases cited (1)
- Hesbon Ngaruiya Waigi v Equatorial Commercial Bank Limited [2013] 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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