[2019] KEELRC 1018 (KLR)
The court found that the Claimant failed to establish, on a balance of probabilities, the existence of an employment relationship with the Respondent. The only documentary evidence produced—a letter regarding uniform issuance—was unsigned and its date did not align with the pleaded employment period. In the absence...
Source-derived case information.
- Citation
- [2019] KEELRC 1018 (KLR)
- Parties
- Claimant: Josephat Masheti Kitambi; Respondent: Knights Armour Africa Limited
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause 1568 A of 2015
- Procedural Posture
- Employment Cause / Judgment
- Outcome
- claim dismissed
- Judges
- L Ndolo, DO Ogal
- Legal Topics
- Employment Relationship, Burden of Proof, Unfair Termination, Terminal Dues
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Josephat Masheti Kitambi
Claimant
Knights Armour Africa Limited
Respondent
Procedural Posture
Employment Cause / Judgment
Legal Issues
- 1 Whether there existed an employment relationship between the Claimant and the Respondent.
- 2 Whether the Claimant is entitled to compensation for unfair termination and terminal dues.
Ratio Decidendi
The court found that the Claimant failed to establish, on a balance of probabilities, the existence of an employment relationship with the Respondent. The only documentary evidence produced—a letter regarding uniform issuance—was unsigned and its date did not align with the pleaded employment period. In the absence of corroborative evidence, the court held that the Claimant did not discharge the burden of proof required to sustain his claim for unfair termination and terminal dues. Consequently, the entire claim was dismissed for lack of proof of an employment relationship, which is a prerequisite for any employment-related relief under Kenyan law.
Court Disposition
claim dismissed
Orders
- The Claimant's entire claim is dismissed.
- No order as to costs.
Full Case Text
Judgment text and source record
38 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS COURT AT NAIROBI
CAUSE NO 1568 A OF 2015
JOSEPHAT MASHETI KITAMBI............................CLAIMANT
VERSUS
KNIGHTS ARMOUR AFRICA LIMITED.........RESPONDENT
JUDGMENT
Introduction
1. On 8th September 2015, the Claimant filed a Memorandum of Claim seeking compensation for unfair termination of employment and payment of terminal dues.
2. In spite of due service, the Respondent did not respond to the claim. The matter therefore proceeded undefended, with the Claimant testifying on his own behalf.
The Claimant’s Case
3. The Claimant states that he was employed by the Respondent as a security guard at a monthly salary of Kshs. 7,000 effective December 2012. He wasnot issued with a written contract of employment. He worked until September 2014 when his employment was terminated.
4. The Claimant terms the termination of his employment unlawful and unfair and now claims the following:
a) Salary in lieu of notice………………………………………………Kshs. 7,000. 00
b) Service pay for 2 years.……………………………………………………7,000. 00
c) Payment for off days worked………………………………………….…10,266. 60
d) Uniform refund…………………………………………………..………..3,000. 00
e) Annual leave……………………………………………………………….8,983. 33
f) House allowance @ 15% of basic salary………………………….......….23,000. 00
g) 12 months’ salary in compensation……………………………......……..84,000. 00
h) Costs plus interest
Findings and Determination
5. This being an undefended claim, the first issue for the Court to determine is whether there existed an employment relationship between the Claimant and the Respondent.
6. The Claimant states that he was not issued with a written contract of employment. To support his claim, he filed a document on the Respondent’s letterhead dated 4thSeptember 2013, confirming that he had been issued with uniform.
7. On the face of it, the document required the Claimant to append his signature in agreement to deduction of Kshs. 3,000 at monthly intervals of Kshs. 500. The document produced in Court was however not signed and the Claimant did not tell the Court why his signature was missing. Moreover, the date on the document does not tally with the effective date of employment as pleaded by the Claimant.
8. In light of the foregoing, the Court was unable to place any probative value on the said document as proof of an employment relationship between the parties. That said, and in the absence of any further evidence to corroborate the Claimant’s word, the Court finds and holds that the Claimant failed to establish an employment relationship to support his claim against the Respondent.
9. As a result, the Claimant’s entire claim, which is premised on the existence of an employment relationship, fails and is dismissed.
10. I make no order for costs.
11. Orders accordingly.
DATED AND SIGNED AT NAIROBI THIS 16THDAY OF JULY 2019
LINNET NDOLO
JUDGE
DELIVERED AT NAIROBI THIS 26TH DAY OF JULY 2019
MAUREEN ONYANGO
JUDGE
Appearance:
Mr. Waiganjo for the Claimant
No appearance for the Respondent