Marango Peter Siekisa v Chandarana Food Plus
The bottom line
#A Kenyan employment appeal was thrown out because the court file was missing a key document, proving incomplete appeal records can be fatal.
What this practically means
#Executive summary
#Questions the Court framed
#The issues the Court set itself to decide, in its own words.
- 1.Whether the appeal could properly be determined where the Record of Appeal omitted the respondent's Response and Counterclaim
- 2.Whether the appeal complied with section 17 of the ELRC Act and Rules 12, 15, 16 and 18 of the ELRC (Procedure) Rules
Key legal issues
#Completeness of the Record of Appeal
The omission of the respondent's Response and Counterclaim rendered the Record of Appeal incomplete and the appeal fatal
The court noted the Record of Appeal contained no response and counterclaim; neither the appellant's supplementary record nor the respondent's filings cured the omission. The response gives context to the claim and is vital for the appellate court's analysis; its absence denied the court the means to determine the appeal justly.
Compliance with ELRC procedural rules
The appeal, filed without the mandatory record, contravened section 17 of the ELRC Act and Rules 12, 15, 16 and 18 of the ELRC (Procedure) Rules and had no foundation
The court held that procedural non-compliance with mandatory statutory provisions governing appeals stripped the appeal of any foundation, justifying dismissal regardless of the substantive merits of the grounds of appeal against the summary dismissal.
Legal principles established
#- A first appeal must be founded on a complete Record of Appeal, including the response and counterclaim, as mandated by the ELRC Act and Procedure Rules
Court orders
#- 1.The appeal is dismissed for want of a complete Record of Appeal
- 2.No orders on costs
The bench
#One judgment of the whole court — no separate or dissenting opinions.
Wrote the judgment
- On appeal from
- Nairobi CMELRC (Magistrates' Court)
- Cause No. 2156 of 2019
- Jurisdiction invoked
- First appeal under section 17 of the Employment and Labour Relations Court Act
Relief refused
#Setting aside the trial judgment and declaration that termination was unlawful, with unpaid wages, leave, notice pay and 12 months' compensation
The appeal was fatally defective because the Record of Appeal omitted the respondent's Response and Counterclaim, a vital record
Costs
No orders on costs - each party bears own costs
Quotable passages
#Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.
Addressing the appeal without a crucial and mandatory record does not foster justice.
It is thus a vital and necessary record for the court to analyse, which the court on appeal is denied. This lapse renders the appeal fatal.
Without the complete Record of Appeal, the appeal is hereby dismissed. No orders on costs.
Issues in the judgment
#Narrative states appeal filed on '1 December 2026', plainly a typographical error for 2016 given surrounding facts
Head of claim figure appears as both Ksh. 376,536 and Ksh. 376,526
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Marango Peter Siekisa v Chandarana Food Plus", Case Analysis (2026). Appeal No. E225 of 2022. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2026/2531/eng@2026-09-25
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.