Barasa v Mini Bakers Limited (Cause 1444 of 2016) [2023] KEELRC 2895 (KLR)
The bottom line
#A worker engaged for over two decades cannot be treated as a casual; Kenyan courts will award service pay, notice and compensation despite incomplete employment records.
What this practically means
#Executive summary
#Key legal issues
#Status of employment (casual vs permanent)
The Claimant was a dough maker engaged from 1992; the lengthy service could not be treated as casual throughout
The court noted the Respondent filed no submissions and the evidence established continuous engagement in breadmaking from 1992 until termination in 2016. RW1 admitted no CBA or payment vouchers prior to 2014 were produced. The court applied section 37(1) of the Employment Act as submitted by the Claimant, treating long service as converting to monthly-paid terms.
Entitlement to service pay
Service pay awarded at 15 days per year for 23 completed years
The court found that the Claimant did not belong to a pension scheme and, despite the Respondent's assertion, treated him as entitled to service pay upon termination after lengthy service, applying the statutory rate of 15 days per completed year of service over 23 years.
Compensation for unfair termination
Three months' salary awarded instead of the 12 months claimed
Although the court found the Claimant entitled to notice and compensation, it exercised discretion to award only three months' salary rather than the twelve months claimed, plus one month's notice pay.
House allowance
Claim refused as wages were inclusive of house allowance
The court held that the rate paid to the Claimant already included a house allowance component, and the Claimant produced no records demonstrating underpayment over the 23-year period claimed.
Legal principles established
#- A casual employee engaged continuously becomes a monthly-paid employee, and is entitled to service pay at 15 days per completed year of service where no NSSF contributions were made
Court orders
#- 1.Judgment for the Claimant against the Respondent for Kshs. 234,048/- as service pay
- 2.One month's salary as notice compensation – Kshs. 20,352/-
- 3.3 months' salary as compensation for unfair termination – Kshs. 61,056/-
- 4.Costs of the suit to the Claimant
- 5.Interest at court rates on the decretal sums from the date of judgment till payment in full
- Jurisdiction invoked
- Employment and Labour Relations Court jurisdiction under the Employment Act (first-instance employment claim)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Barasa v Mini Bakers Limited (Cause 1444 of 2016) [2023] KEELRC 2895 (KLR)", Case Analysis (2023). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2023/2895/eng@2023-11-14
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.