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Educational sample. Replace bracketed fields using your evidence.
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS COURT AT MOMBASA
EMPLOYMENT APPEAL NO [reference]
[APPELLANT] v [RESPONDENT]
MEMORANDUM OF APPEAL
1. The appellant challenges the designated-magistrate judgment dated [date] in Employment Claim [reference]. Identify the actual decree and record. This is an appeal to the ELRC under its applicable procedure, rather than a Small Claims Court appeal confined to section 38 matters of law.
2. The magistrate erred by finding that a transfer to a worksite made the appellant an employee of a separate legal entity when that employer change was not established by the pleadings and evidence. The actual employer admission, instructions, supervision and pay history required evaluation.
3. The magistrate erred by characterising the employment as piece-rate despite the pleaded monthly-payment arrangement and the employer own account of continuing employment. Variable duties and periods when the household owner travelled did not prove the legal character found below.
4. The magistrate failed adequately to resolve the central competing accounts of verbal dismissal and voluntary departure. The record must be examined for consistency, contemporaneous conduct and the admissions and contradictions of the parties, recognising that this Court did not hear the witnesses itself.
5. The magistrate failed to determine the applicable reason and procedural-fairness obligations under the Employment Act. Notice pay and any accrued-entitlement head must be considered distinctly from the discretionary compensation claim, and each head still requires its factual foundation.
6. PRAYERS: set aside the dismissal judgment; enter the employment findings and relief justified by the record; and award lawful interest and costs. The source granted KES 50,000 compensation and KES 10,000 notice pay but rejected the KES 72,000 leave head. Do not claim every pleaded remedy succeeded.
DATED at [place] on [date]. Signed [party or advocate]. DRAWN AND FILED BY [name and address for service]. TO BE SERVED UPON [each affected person and address].
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Tell us about your dispute and the court involved. Request a document drafted for your facts, with your evidence and the relief you need.
An advocate confirms availability, scope and fees before accepting your matter.Educational reconstruction from a reported decision. Newly drafted sample, not an original filing or a matter handled by our team. Identifying details are replaced with bracketed fields. Verify the facts, law, jurisdiction and court directions before use.
Use and evidence notes
Identify the exact lower-court judgment or ruling, operative decree, parties, concise grounds and requested disposition. Use the procedure for this particular appellate court: an ELRC appeal and a High Court or ELC first appeal are not Court of Appeal proceedings. Check limitation, any necessary leave or extension, record, fees, service and directions. Filing an appeal is not an automatic stay. Verify the ELRC Procedure Rules 2024 and 2025 amendments, or the applicable designated subordinate-court procedure, and current directions. Assess section 90 for each employment claim.
Supporting material: [date]; [author or custodian]; [description]; [bundle page]; [authenticating witness]; [admission or permission]. Attach genuine records only. This public specimen contains no exhibits, signatures, personal identifiers or sworn declaration.
Source facts and limits of the decision
A housekeeper alleged employment from 2012, monthly pay of KES 10,000 and verbal dismissal in March 2021. The employer alleged voluntary departure and poor performance following transfer to another worksite. The trial court dismissed the case and treated the worksite as another employer and the work as piece-rate.
The ELRC allowed the appeal, found continuing indefinite employment and unfair dismissal, and awarded KES 50,000 compensation and KES 10,000 notice pay. The KES 72,000 leave claim failed for lack of factual basis. Interest ran from the lower-court judgment and costs of the suit were awarded.
Check Employment Act sections 36, 41, 43, 45, 47(5), 49 and 90, applicable designated-magistrate procedure and ELRC appeal rules. A worksite transfer is not proof of a change of legal employer. Separate independent accrued-entitlement claims from compensation for unfair termination; nine years asserted service does not by itself prove nine years unpaid leave.
Read the original reported decision: [2025] KEELRC 2477 (KLR) — 18 September 2025
The original decision may identify participants. The specimen replaces their identifying details. The reproduced primary judicial text, Mombasa court heading, reasons and operative orders were checked. Source contradictions and unsuccessful positions are identified. These are newly drafted educational specimens, not original pleadings or matters handled by our team. No genuine exhibits, signatures, subsequent-order assurance or licensed-advocate review is claimed. Check the authentic file, current law and directions before use.
Related law and procedural rules
Constitution of Kenya · Employment Act · Employment and Labour Relations Court Act
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