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ELRCDismissedELRC NAIROBI JUDGMENT APPEAL NO. E227 OF 2025· [2026] KEELRC 2436 (KLR)

Kasanduku v Chege (Appeal E227 of 2025) [2026] KEELRC 2436 (KLR)

Employment and Labour Relations Court
31 August 2026
973 words in judgment
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The bottom line

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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

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Executive summary

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This ELRC judgment appeal arose from a trial court judgment of 17 June 2025 in Milimani MCELRC 331 of 2021, in which the appellant, a caretaker employed from 2009 until his November 2019 dismissal, claimed unlawful termination, compensation and special damages including notice pay, service gratuity, public holidays, annual leave and underpayment. The respondent maintained the appellant was a labourer remunerated per the Regulation of Wages (General) (Amendment) Order, 2018, and was dismissed for gross misconduct after diverting customers to competitors, having received one month's notice and elected set-off of a Kshs. 30,000 loan against notice salary. The appeal grounds attacked the magistrate's findings on hearing under section 41 of the Employment Act and on special damages under section 25. However, when the appeal came up on 8 May 2026, the court found the Record of Appeal lacked the mandatory judgment and decree of the trial court, required by Rule 15(1) of the ELRC (Procedure) Rules. M. Mbarũ, J held that this deficiency invalidated the appeal, that faulting the magistrate without the judgment was illogical, that the incomplete record caused abatement after 60 days under Rule 15, and that the appellant, who neither invoked Rule 18, attended court nor filed submissions, abused court process. The appeal was dismissed with costs to the respondent on 31 August 2026.

Key legal issues

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01

Adequacy of the Record of Appeal

Holding

The appeal is invalidated where the mandatory judgment and decree are absent from the record

Reasoning

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.

p. 4
02

Abatement and abuse of process

Holding

An incomplete record after 60 days causes abatement; the appeal was an abuse of court process

Reasoning

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.

p. 4

Legal principles established

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  • 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

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  1. 1.The appeal is dismissed
  2. 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

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Practical implications

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Frequently asked questions

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Cite this brief

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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.