Kasanduku v Chege (Appeal E227 of 2025) [2026] KEELRC 2436 (KLR)
The bottom line
#Kenya's Employment Court dismissed an appeal because the appellant failed to attach the trial judgment and decree to his Record of Appeal.
What this practically means
#Executive summary
#Key legal issues
#Adequacy of the Record of Appeal
The appeal is invalidated where the mandatory judgment and decree are absent from the record
Rule 15(1) of the Employment and Labour Relations Court (Procedure) Rules mandates that a record of appeal comprise certified pleadings, proceedings, documentary evidence and the judgment or decree appealed against. The filed index indicated the judgment was not attached, and no decree was included. Without the judgment, the grounds attacking the magistrate's findings had no foundation, rendering the appeal logically and procedurally unsustainable.
Abatement and abuse of process
An incomplete record after 60 days causes abatement; the appeal was an abuse of court process
Under Rule 15, a record incomplete for over 60 days causes the appeal to abate. The appellant did not invoke Rule 18 for protection, and further failed to attend court or file written submissions. The court held that even applying justice to the right holder, the appeal could not be sustained and constituted an abuse of process, justifying dismissal with costs.
Legal principles established
#- A Record of Appeal must include the judgment, decision, order, decree or award appealed against; a record deficient of these mandatory documents invalidates the appeal.
- Where the Record of Appeal remains incomplete for over 60 days, the appeal abates under Rule 15.
- Faulting a trial magistrate without attaching the judgment containing the findings is without logic.
Court orders
#- 1.The appeal is dismissed
- 2.Costs to the respondent
- On appeal from
- Milimani Magistrates' Court (ELRC subordinate court)
- MCELRC 331 of 2021
- Jurisdiction invoked
- Section 17 of the Employment and Labour Relations Court Act; Employment and Labour Relations Court (Procedure) Rules, Rules 12, 15(1) and 18
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kasanduku v Chege (Appeal E227 of 2025) [2026] KEELRC 2436 (KLR)", Case Analysis (2026). ELRC NAIROBI JUDGMENT APPEAL NO. E227 OF 2025. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2026/2436/eng@2026-08-31
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.