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Krish Commodities Limited v Kenga & 4 others (Appeal E151 of 2025) [2026] KEELRC 562 (KLR) (26 February 2026) (Judgment)

[2026] KEELRC 562 (KLR) Employment & Labour Relations Court
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Court
Employment & Labour Relations Court
Case number
562
Citation
[2026] KEELRC 562 (KLR)
Decided
26 February 2026
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 a judgment of the Employment and Labour Relations CourtCoramM MBARŨ, J
The respondents were entitled to notice pay and compensation, but the awards were excessive and not rationalized due to the different employment periods.

Facts

Respondents claimed unlawful and unfair termination of employment, unpaid wages, and other benefits. They alleged continuous employment as packagers, while the appellant argued for casual employment.

Issues

  • Whether the respondents were casual employees or had a contract of employment
  • Whether the termination was unlawful and unfair
  • Whether the compensation awarded was excessive and not rationalized

Reasoning

The court found that the respondents were not casual employees but had a contract of employment. The compensation awarded was excessive and not rationalized as each respondent worked for a different term period.

Outcome

The appeal is allowed, and the judgment of the trial court is set aside. The awards are set aside and dismissed with costs.

Orders

  • Compensation awarded to the 1st respondent is reduced to 3 months' wages
  • Compensation awarded to the 2nd respondent is reduced to 3 months' wages
  • Compensation awarded to the 3rd and 4th respondents is reduced to 3 months' wages

Remedies

  • Compensation reduced to 3 months' wages for each respondent

Authorities cited

Legislation (2)
  • Employment and Labour Relations Act
  • Employment Act
Cases cited (4)
  • Humphrey Nyaga Thomas & 25 others v Kenyatta University
  • Kenyatta University v. Esther Njeri Maina
  • Kibogo & 83 others v Caribbean Contractors Company Ltd
  • Rashid Mazrui Ramadhan v Doshi & Co. (Hardware) Ltd & another
⚠ 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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