Tangale v West Kenya Sugar Company Limited (Appeal E011 of 2024) [2025] KEELRC 1118 (KLR)
The bottom line
#What this practically means
#Executive summary
#Key legal issues
#Nature of the employment relationship
The appellant was a piece-work/piece-rate employee, not a casual, fixed-term or month-to-month employee.
The court found the appellant was paid for the cumulative weight of cane loaded, not by hours or days, and was not obligated to report daily. Applying Section 2 of the Employment Act's definition of piece work, the court held this best captured the relationship, so Section 37 conversion did not apply.
Whether the employment was converted under Section 37
Section 37 did not apply because the appellant was not a casual employee.
Conversion of casual to term contract presupposes continuous casual employment; a piece-rate worker's engagement is inherently intermittent and cannot convert.
Burden of proof of employment and termination
The appellant failed to discharge the burden of proving continuous employment and unlawful termination.
Relying on Section 107 of the Evidence Act, the court held the employee must first prove employment and its terms; only then does the employer justify termination. The appellant did not rebut the respondent's haulage and payment records.
How the relationship terminated
The relationship simply came to an end upon completion of each piece-work; no notice was due.
The court found the appellant could not establish the alleged dismissal date; the respondent's records showed he worked until 9th June 2017. On piece-work, each engagement ends on completion and payment, so no notice or termination procedure applied.
Certificate of service
The appellant was entitled to a certificate of service under Section 51 despite being a piece-rate worker.
His work record spanned 2015 to 2017, exceeding four consecutive weeks, and the entitlement is unconditional. This was the only head on which the appeal succeeded.
Legal principles established
#- A piece-rate worker's employment is not convertible to a term contract under Section 37 of the Employment Act; the relationship subsists only for the duration of each piece of work.
- The employee bears the initial burden of proving employment and its terms before the employer is called upon to justify termination.
- Piece-work workers are not entitled to leave as they control when they report to work.
- A certificate of service under Section 51 of the Employment Act is an unconditional right of an employee who has worked at least four consecutive weeks.
Court orders
#- 1.The appeal shall succeed only to the extent that the appellant is entitled to an appropriate certificate of service under Section 51 of the Act
- 2.The respondent to issue a certificate of service in the name of the appellant and deliver it to his counsel on record within 30 days of the judgment
- 3.The award of costs in the lower court shall remain undisturbed
- 4.Each party shall meet own costs for this appeal
- On appeal from
- Chief Magistrates Court at Kakamega
- Jurisdiction invoked
- First appellate jurisdiction over the subordinate court (Employment and Labour Relations Court Act / Civil Procedure appellate provisions; memorandum of appeal dated 22nd April 2024)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Tangale v West Kenya Sugar Company Limited (Appeal E011 of 2024) [2025] KEELRC 1118 (KLR)", Case Analysis (2025). Appeal from Chief Magistrates Court at Kakamega, judgment of Hon. J. Ndururi delivered 22nd March 2024. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/1118/eng@2025-04-04
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.