[2017] KEELRC 763 (KLR)
The court found that the claimant failed to provide any documentary evidence, such as a letter of appointment, to establish an employment relationship with the 1st respondent. The only agreement presented was between the 1st and 2nd respondents for gardening and cleaning services, not for the claimant's employment....
Source-derived case information.
- Citation
- [2017] KEELRC 763 (KLR)
- Parties
- Claimant: Jared Onduso; Respondent: Pradeek K. Sood; Respondent: Nicholas Obiria
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause 1235 of 2016
- Procedural Posture
- Employment Cause / Ruling on Application to Strike Out Party
- Outcome
- 1st respondent struck out from the suit.
- Judges
- DI Wasike
- Legal Topics
- Employment Relationship, Employee Status, Striking Out Party
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Jared Onduso
Claimant
Pradeek K. Sood
Respondent
Nicholas Obiria
Respondent
Procedural Posture
Employment Cause / Ruling on Application to Strike Out Party
Legal Issues
- 1 Whether the claimant was an employee of the 1st respondent.
- 2 Whether the 1st respondent should be struck out from the proceedings.
Ratio Decidendi
The court found that the claimant failed to provide any documentary evidence, such as a letter of appointment, to establish an employment relationship with the 1st respondent. The only agreement presented was between the 1st and 2nd respondents for gardening and cleaning services, not for the claimant's employment. The court also found the claimant's assertion of coercion to work as a driver without consent implausible. Consequently, the court accepted the 1st respondent's contention that the claimant was not his employee and allowed the application to strike out the 1st respondent from the suit.
Court Disposition
1st respondent struck out from the suit.
Orders
- The 1st respondent is hereby struck out from this suit.
Full Case Text
Judgment text and source record
24 paragraphs
REPUBLIC OF KENYA
EMPLOYMENT AND LABOUR RELATIONS COURT AT NAIROBI
AT NAIROBI
CAUSE NO. 1235 OF 2016
JARED ONDUSO…………………………………….…………..CLAIMANT
VERSUS
PRADEEK K. SOOD……….....………..…………….…..1ST RESPONDENT
NICHOLAS OBIRIA……………………………………..2ND RESPONDENT
RULING
1. The 1st Respondent has moved the court by a Notice of Motion dated 26th July, 2016 seeking to be struck out of these proceedings on the ground that the claimant has never been his employee but that of the 2nd respondent.
2. In support of the application the 1st respondent attached a copy of gardening and cleaning services agreement signed between himself and the 2nd respondent. Where the claimant avers that he was employed as a driver by the respondents, he did not attach any letter of appointment to that effect. Further in the demand letter addressed to the 1st respondent, the claimant’s counsel alleges that the 1st respondent coerced the claimant to work as a driver without the claimant’s consent. The court fails to fathom save for slavery how someone can be coerced to perform such sensitive duties as a driver without his or her consent.
3. The foregoing renders plausible the 1st respondent’s contention that the claimant was not his employee but that of the 2nd respondent. In the circumstances the court allows the application and hereby strikes out the 1st respondent from this suit.
4. It is ordered.
Dated at Nairobi this 17th day of March, 2017
Abuodha J. N.
Judge
Delivered this 17th of March, 2017
Abuodha J. N.
Judge
In the presence of:-
………………………………… for the Claimant and
…………………………….. for the Respondent.
Abuodha J. N.
Judge