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Kenya decisions
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Mwobobia v Steel Structures Limited [2025] KEELRC 1907 (KLR)
The Employment and Labour Relations Court overruled a preliminary objection, holding that whether an employment relationship existed was a factual issue for trial.
Kenya Hospital Association v Commissioner of Domestic Taxes [2024] KETAT 649 (KLR)
The Tribunal held that locum doctors were independent contractors, not employees, so PAYE was not due on their payments. The related additional assessments were set aside.
Muheesi v Tuffsteel Limited [2024] KEELRC 909 (KLR)
The court found that while the petitioner did provide services to the respondent, she did so without a valid work permit as required by Kenyan law for foreign nationals. The respondent had no legal capacity to employ or contract the petitioner without such a permit, and the petitioner bore the obligation to ensure her own legal status. The evidence did not establish that the respondent was responsible for procuring the work permit or that the petitioner was brought to Kenya by the respondent. The court further held that the petitioner failed to prove any violation of constitutional rights or…
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Njuguna v Geosat Solutions Limited [2024] KEELRC 898 (KLR)
The court found that, despite the absence of a written contract, the evidence indicated the claimant was not under the respondent's control, determined his own working schedule, was not supervised, and was paid a fixed sum without statutory deductions. The claimant provided his professional certificate to enable the respondent's business registration and withdrew it at will. The court held that the relationship was not one of employer-employee but of independent contractor. Consequently, employment protections and remedies did not apply. However, the respondent admitted to owing the claimant…
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Steyn v Frontier Services Group Limited; Frontier Services Group East Africa Limited (Interested Party) [2023] KEELRC 3100 (KLR)
The court dismissed an employment claim after finding the claimant was engaged as an independent contractor, not an employee, so unfair dismissal remedies were unavailable.
Odhiambo v Mhasibu Housing Company Ltd & another [2023] KEELRC 1137 (KLR)
The court struck out an employment petition and cross-petition after finding the claimant was an independent contractor, not an employee.
Ongola v And Beyond Kenya Ltd [2023] KECA 93 (KLR)
The Court of Appeal found that the appellant was an employee of the respondent only between January 1, 2007 and July 2, 2009, during which period she was paid and acknowledged receipt of terminal dues. From July 2, 2009 onwards, the appellant operated as an independent contractor under a contract for services, remunerated by commission, and thus fell outside the scope of the Employment Act. The court held that the terms of payment and the express agreement between the parties determined the nature of the relationship. As there was no evidence that any commissions were withheld or that the app…
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Silas Okome v Panesars Kenya Limited [2022] KEHC 2164 (KLR)
The court declined review of its earlier judgment, finding the applicant had not shown new evidence or an error apparent on the record.
Benard B’ Kones Ndiema v Twin Oaks Limited [2022] KEELRC 716 (KLR)
The court found that the Claimant failed to prove, on a balance of probabilities, the existence of an employment relationship with the Respondent. The evidence, including cheques and invoices addressed to Wakobe Services, supported the Respondent's position that the Claimant was engaged as an independent contractor through his business. The Claimant did not adequately explain why his company received payments or issued invoices to the Respondent. The absence of an employment contract or payslips, combined with the uncontested documentary evidence from the Respondent, led the court to conclude…
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Jackson Okoth v Wells Fargo Courier Ltd & Wells Fargo Ltd [2020] KEELRC 516 (KLR)
The court found that, based on the written agreement and the conduct of the parties, the claimant was engaged as an independent contractor and not as an employee. The contract provided for a retainer and commissions based on performance, with no fixed wage or salary, and termination was tied to failure to meet sales targets. The relationship did not meet the statutory definition of employment under the Employment Act, and the lawfulness or fairness of termination was to be determined by the contract terms, not employment law provisions. The claimant failed to prove that the contract was unlaw…
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