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Rapid Kate Services Limited v. John Mutisya, Said Mohamed Gowe & Budzo Nasoro Mbwagizo

(2018) JELR 94885 (CA)

Court of Appeal  •  Civil Appeal 19 of 2017  •  19 Apr 2018  •  Kenya

Alnashir Ramazanali Magan Visram, Martha Karambu Koome, Wanjiru Karanja



1. The appeal revolves around the application of Section 37 of the Employment Act which empowers the Employment and Labour Relations Court (ELRC) to convert the contract of service of an employee engaged on a casual basis, to one where such an employee is deemed to have been engaged under a contract of service which entitles him/her to monthly wages.

2. The provision in question stipulates that:-

“37 Notwithstanding any provisions of this Act, where a casual employee—

a) works for a period or a number of continuous working days which amount in the aggregate to the equivalent of not less than one month; or

b) performs work which cannot reasonably be expected to be completed within a period, or a number of working days amounting in the aggregate to the equivalent of three months or more, the contract of service of the casual employee shall be deemed to be one where wages are paid monthly and section 35(1)(c) shall apply to that contract of service.

(1) ...

(2) An employee…

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