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Rashid Mazuri Ramadhani, Anthony Dzuya Mazera, Mohamed Peter Tsuma, Rashid Ali, Anthony Onyango Waga, Silvanus Adriano Atugi, James Mwang'ombe Kalama, Hamisi Athuman Mtoa, Said Bakari Buki, Brian Muli Kituma & Tumaini Changawa Mwagandi v. Doshi & Company (Hardware) Limited & Doshi Enterprises Limited

(2018) JELR 94984 (CA)

Court of Appeal  •  Civil Appeal 43 of 2017  •  27 Jun 2018  •  Kenya

Coram
Alnashir Ramazanali Magan Visram, Martha Karambu Koome, Wanjiru Karanja

Judgement

JUDGMENT OF THE COURT

[1] This appeal raises an important issue in employment law of when casual employment can be converted to regular term contract of employment. The background information is fairly straight forward. The eleven appellants filed various claims before the Employment and Labour Relations Court (ELRC) claiming that they were employed by the respondents on casual basis for periods ranging between three and seventeen years. The appellants were terminated on diverse dates between 2013 and 2015. They had filed different suits against the respondents which suits were consolidated, heard and determined together. These were Mombasa ELRC Nos 98, 99, 100, 101, 102, 105, 109, 110, 111, 114 of 2016 with the holding file being Mombasa ELRC No 96 of 2016 Rashid Mazrui Ramadhani v. Doshi and Co. (Hardware) LTD and Another. Rashid Mazrui Ramadhani gave evidence as (CW1) as the only witness for all the claimants.

[2] The appellants alleged in their respective statements of claim that th…

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