Andole v Banura & 3 others (Being sued on their own behalf and on behalf of Bandari Villas 1 residents) (Appeal E076 of 2023) [2025] KEELRC 2221 (KLR)
The bottom line
#Kenya's Employment Court confirmed that the company you signed your employment contract with is your employer, even if managers handled your day-to-day work.
What this practically means
#Executive summary
#Key legal issues
#Whether the 1st respondent was an employer of the appellant notwithstanding that it acted as agent/manager of the 2nd respondent company
No employer-employee relationship existed between the appellant and the 1st respondent; the appellant was the employee of the 2nd respondent with whom he signed the contract of employment. The 1st respondents were agents of the 2nd respondent.
The court considered the record of appeal, pleadings, documents and the trial court's judgment. Counsel's own submissions described the 1st respondents as managers of the 2nd respondent, making them agents. The appellant acknowledged signing the contract of employment with the 2nd respondent dated 1st/2nd December 2015, and had joined the 2nd respondent as a party to the suit, acknowledging that relationship. The termination letter was issued by the 2nd respondent. The trial court's finding was therefore correct and the appeal lacked merit.
Legal principles established
#- Where an employment contract exists between the claimant and a company, the company's agents or managers who administer the contract are not thereby employers of the claimant; the written contract supersedes other tests of the employment relationship.
Court orders
#- 1.The appeal is dismissed as against the 1st respondent
- 2.The suit as against the 2nd respondent proceeds in the lower court to determine if merited, the claims by the appellant
- 3.The 1st respondents are struck off the suit in the trial court
- 4.Each party shall bear their own costs of the appeal
- On appeal from
- Trial court (Employment and Labour Relations, magistrates' court)
- CMEL NO. 1912 of 2019
- Jurisdiction invoked
- First appellate jurisdiction over the trial magistrate's judgment in an employment matter (appeal under the applicable employment legislation; judgment does not cite the enabling provision)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Andole v Banura & 3 others (Being sued on their own behalf and on behalf of Bandari Villas 1 residents) (Appeal E076 of 2023) [2025] KEELRC 2221 (KLR)", Case Analysis (2025). Memorandum of Appeal dated 25th May, 2023 (appeal from CMEL NO. 1912 of 2019). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/2221/eng@2025-07-25
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.