Skip to content
AI-generated case briefs sourced from Kenya Law · Not legal advice
AI-generated case brief
Case Brief · caselaw.co.ke
ELRCPartially AllowedELRC Appeal No. E019 of 2025

Weithaga Farm Extension Limited v Jacob Ndung'u Ngugi

Employment and Labour Relations Court of Kenya at Nyeri
25 September 2026
2,467 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~10 min to read original · ~4 min brief

The bottom line

#

Kenya's Employment Court ruled that short, intermittent work stints do not automatically turn a casual worker into a permanent employee entitled to full benefits.

What this practically means

#

Executive summary

#
The Respondent claimed against the Appellant before the Chief Magistrate's Court at Murang'a in CMELRC Cause No. 16 of 2020, averring that he was employed as a security guard from 16th September 2003 until his resignation by letter dated 15th April 2020, that he was never provided housing or paid house allowance, and that his final salary of Kshs. 8,400.00 was below the minimum wage. He claimed Kshs. 751,976.00 comprising unpaid house allowance, untaken leave, unpaid overtime and underpayments. The Appellant denied the employment relationship and pleaded limitation. The Trial Magistrate entered judgment for the Respondent as prayed, holding that under Section 37 of the Employment Act his casual employment had converted into term employment. On appeal, the ELRC at Nyeri (Rutto J) isolated two issues: whether the Trial Court erred in finding conversion of casual employment into a term contract, and whether the reliefs awarded were sustainable. Re-evaluating the muster rolls covering December 2011 to August 2019, which showed intermittent engagements of 11 to 17 days, the Court held that occasional periods of work exceeding 24 hours did not demonstrate continuous work aggregating to not less than one month as Section 37(1) requires. The Trial Magistrate's finding of conversion was therefore erroneous, and the reliefs premised on it could not stand. The appeal succeeded; the Trial Court's judgment was set aside in its entirety and substituted with an order dismissing the Respondent's claim, with each party bearing its own costs.

Questions the Court framed

#

The issues the Court set itself to decide, in its own words.

  1. 1.Whether the Trial Court erred in finding that the Respondent's engagement as a casual employee had automatically converted into a term contract
  2. 2.Subject to the determination of issue (a), whether the reliefs awarded to the Respondent by the Trial Court are sustainable in law

Key legal issues

#
01

Whether occasional periods of work exceeding 24 hours converted the Respondent's casual engagement into a term contract under Section 37 of the Employment Act

Holding

No. The evidence did not demonstrate continuous work aggregating to not less than one month as required by Section 37(1); the Trial Magistrate erred in holding otherwise.

Reasoning

The court re-evaluated the muster rolls covering December 2011 to August 2019, which showed intermittent engagements of 11 to 17 days. Section 37(1) requires continuous working days aggregating to the equivalent of not less than one month, or work not reasonably completable within three months. Occasional periods exceeding 24 hours did not meet that threshold, so Section 35(1)(c) never applied to the contract.

p. 12
02

Whether the reliefs awarded by the Trial Court were sustainable

Holding

No. Having found no conversion to a term contract, the awards for house allowance, leave, underpayments and overtime could not stand and were set aside.

Reasoning

The reliefs were premised on the finding that the Respondent's casual employment had converted into term employment with statutory protections under the Employment Act. Once that foundational finding was overturned on re-evaluation of the muster rolls, the awards lost their legal basis and the entire judgment fell with the claim.

p. 12

Legal principles established

#
  • Casual employment converts to a term contract under Section 37 of the Employment Act only where the employee works continuously for a period aggregating not less than one month, or performs work not reasonably completable within three months or more
  • On a first appeal the court must reconsider and re-evaluate the entire evidence and draw its own conclusions, while deferring to the trial court's findings on credibility of witnesses it saw and heard

Court orders

#
  1. 1.Judgment of the Trial Court delivered on 23rd April 2025 set aside in its entirety
  2. 2.Substituted with an order dismissing the Respondent's claim in Murang'a CMELRC Cause No. 16 of 2020
  3. 3.Each party to bear its own costs

The bench

#

One judgment of the whole court — no separate or dissenting opinions.

majority

Wrote the judgment

On appeal from
Chief Magistrate's Court at Murang'a
Murang'a CMELRC Cause No. 16 of 2020
Jurisdiction invoked
First appeal to the Employment and Labour Relations Court against the judgment and decree of the Principal Magistrate in Murang'a CMELRC Cause No. 16 of 2020

Relief refused

#

Respondent's claim of Kshs. 751,976.00 (unpaid house allowance, untaken leave, unpaid overtime, salary underpayments)

Reliefs premised on conversion of casual employment under Section 37 could not stand once conversion was found not established

p. 12

Costs

Each party shall bear its 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.

Accordingly, this Court finds that the learned Trial Magistrate erred in holding that the Respondent's casual engagement had, by operation of law, converted into a term contract under Section 37 of the Employment Act.
p. 12Conversion of casual employment under Section 37
In the final analysis, the Appeal succeeds. Accordingly, the Judgment of the Trial Court delivered on 23rd April 2025 is hereby set aside in its entirety and substituted with an order dismissing the Respondent's claim.
p. 13Final orders - disposition
Each party shall bear its own costs.
p. 13Costs
this Court is obligated to reconsider, re-evaluate, and re-analyse the entire evidence on record, together with the impugned Judgment, and to draw its own independent conclusions
p. 7Duty of first appellate court

Issues in the judgment

#
minor

Judgment delivery date stated as 2026, though the appeal is numbered E019 of 2025 and the decision appealed was delivered in April 2025

minor

Ground 1 refers to a female claimant who failed to appear, contradicting the record that the male Respondent testified

Key timeline

#

Practical implications

#

Frequently asked questions

#

Cite this brief

#

Cite this brief

Caselaw, "Weithaga Farm Extension Limited v Jacob Ndung'u Ngugi", Case Analysis (2026). ELRC Appeal No. E019 of 2025. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2026/2626/eng@2026-09-25

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.