Makau v Kenya Aerotech Limited (Employment and Labour Relations Appeal E062 of 2025) [2025] KEELRC 3726 (KLR)
The bottom line
#What this practically means
#Executive summary
#Key legal issues
#Entitlement to interest from date of retirement on withheld retirement benefits
Refused; the claim for interest was not pleaded in the trial court and could not be entertained on appeal
The court found the prayers in the appeal inconsistent with those at the lower court. Pleadings open the issues for interrogation and trial, giving parties the opportunity to ventilate them. The proper course would have been to plead interest at the claim stage so the trial court could determine it on evidence.
Discretionary nature of interest and costs under sections 26(1) and 27(1) of the Civil Procedure Act
Interest and costs are discretionary; the trial court's refusal was a lawful exercise of discretion not shown to be unreasonable
The court accepted the Respondent's submission that section 26(1) is permissive, not mandatory, and that section 27(1) requires the costs discretion to be exercised judiciously. Absent proof the discretion was exercised unreasonably or whimsically, the appellate court cannot interfere.
Legal principles established
#- A court can only award relief in accordance with the pleadings of the parties, which frame the issues for trial
- Interest and costs are discretionary remedies; an appellate court will not fault the exercise of that discretion absent evidence it was unreasonable, non-judicious or whimsical
Court orders
#- 1.Appeal dismissed
- 2.Each party to bear their own costs of the appeal
- On appeal from
- Magistrates' Court (ELRC)
- MC ELRC No. E613 of 2021
- Jurisdiction invoked
- First appellate jurisdiction over the magistrates' court employment and labour relations cause (Memorandum of Appeal under the court's appellate jurisdiction; no specific article cited)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Makau v Kenya Aerotech Limited (Employment and Labour Relations Appeal E062 of 2025) [2025] KEELRC 3726 (KLR)", Case Analysis (2025). Memorandum of Appeal dated 28th February 2025 (arising from MC ELRC No. E613 of 2021). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/3726/eng@2025-11-19
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.