Sanganyi Tea Factory Ltd v Samwel Bundi Ondieki [2021] KEELRC 112 (KLR)
The bottom line
#A 13-year-old appeal was struck out because the employer's lawyer filed an incomplete court record, killing the challenge to a damages award.
What this practically means
#Executive summary
#Key legal issues
#Role of a first appellate court
The first appellate court must re-evaluate the evidence and reach its own conclusions, allowing for the fact it did not hear the witnesses
The court adopted the holding in Kamau v Mungai (2006) 1 KLR 150 that a first appellate court must re-evaluate the evidence and reach its own conclusions while making due allowance for not having seen or heard the witnesses. The court stated it would keep this interdict in mind in considering the appeal.
Consequences of an incomplete record of appeal
An incomplete record prevents the court from carrying out its first appellate role, and the appeal was struck out with no order on costs
The record lacked page 2 of the respondent's testimony and page 2 of the typed judgment. The court found the incomplete record demonstrated lack of diligence by the appellant's advocate and lack of interest in the ends of justice. Coupled with the long pendency of the appeal and prior dismissal and conditional reinstatement, the court concluded justice could not be administered and struck out the appeal.
Legal principles established
#- A first appellate court must re-evaluate the evidence, assess it and reach its own conclusions, making due allowance for not having seen or heard the witnesses
- An incomplete record of appeal prevents a first appellate court from discharging its function and may justify striking out the appeal
Court orders
#- 1.The Appeal is struck out with no order on costs
- On appeal from
- High Court at Kisii (originally) / trial Magistrate's Court
- Not stated
- Jurisdiction invoked
- Transfer by the High Court on 19 June 2018 citing lack of jurisdiction; appeal transferred to the Employment and Labour Relations Court
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Sanganyi Tea Factory Ltd v Samwel Bundi Ondieki [2021] KEELRC 112 (KLR)", Case Analysis (2021). Appeal No 21 of 2018. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2021/112/eng@2021-12-09
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.