Wasonga v Mini Bakeries (Nairobi) Ltd (Appeal E008 of 2025) [2026] KEELRC 225 (KLR) (29 January 2026) (Judgment)
- Court
- Employment & Labour Relations Court
- Case number
- 225
- Citation
- [2026] KEELRC 225 (KLR)
- Decided
- 29 January 2026
Summary at a glance
TypeAppealPostureAppeal from a judgment of the Employment and Labour Relations CourtCoramLivestock Ltd Maureen Onyango, Madan, Maureen Onyango, Rika
The appeal is dismissed. The trial court's judgment is upheld.
Facts
The appellant, Benson Otieno Wasongo, was employed as a casual Painter by the respondent, Mini Bakeries (Nairobi) Ltd, from July 2015 to September 2021. The appellant claimed underpayment, unpaid salary arrears, and other benefits, while the respondent argued that the appellant absconded and was not entitled to the reliefs prayed for.
Issues
- Appellant's entitlement to underpayment and unpaid salary arrears
- Appellant's entitlement to other benefits
- Whether termination of employment was fair
Reasoning
The court found that the appellant's evidence was insufficient to establish his entitlement to underpayment and unpaid salary arrears. The appellant's employment status was casual, and he did not meet the threshold of the Employment Act to claim term contract terms and conditions.
Outcome
Appeal dismissed
Authorities cited
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