Owiti v C & A Security Services (Cause 2402 of 2016) [2022] KEELRC 4104 (KLR)
The bottom line
#What this practically means
#Executive summary
#Questions the Court framed
#The issues the Court set itself to decide, in its own words.
- 1.Whether an employment relationship between the claimant and the respondent has been proved?
- 2.If the answer to (a) is in the affirmative, whether the claimant is entitled to the reliefs sought?
Key legal issues
#Whether an employment relationship was proved
The employment relationship was not proved; the contract produced was blank and no other documents linked the claimant to the respondent
The claimant bore the burden under sections 107 and 108 of the Evidence Act and section 47(5) of the Employment Act. The exhibited contract bore no particulars specific to the claimant, and he exhibited no resignation letter or other corroborating documents and called no co-worker. He merely asserted employment, so the nexus to the respondent was not established on a balance of probabilities.
Whether the claimant was entitled to the reliefs sought
Not entitled; the foundation for the award was unfounded
Having found no employment relationship, the court held it was not logical to assess the reliefs of Kshs 200,894.20 for underpaid salary, house allowance, leave, rest days and overtime, since such dues accrue only where an employment relationship exists.
Legal principles established
#- The employee bears the burden of proving the fact of termination and, prior to that, the existence of an employment relationship
- Proving the employment relationship is the backbone of an employee's case and a precondition for awarding reliefs
Court orders
#- 1.The claim is dismissed in its entirety
- 2.No order as to costs
The bench
#One judgment of the whole court — no separate or dissenting opinions.
Wrote the judgment
- Jurisdiction invoked
- Employment and Labour Relations Court jurisdiction over employment disputes (memorandum of claim under the Employment Act)
Relief refused
#Claim of Kshs 200,894.20 being underpaid salary, unpaid house allowance, unpaid leave, unpaid rest days, and unpaid overtime
The claimant failed to prove on a balance of probabilities the existence of an employment relationship with the respondent
Costs
There will be no order as to costs.
Quotable passages
#Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.
In light of the foregoing, I find that the claimant failed to discharge his burden by proving on a balance of probabilities, the existence of an employment relationship between him and the respondent.
the claimant has failed to draw a nexus between himself and the respondent in terms of an employer-employee relationship.
In the end, I cannot help but dismiss the claim in its entirety. There will be no order as to costs.
Issues in the judgment
#The case number of the suit is not stated anywhere in the judgment as provided
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Owiti v C & A Security Services (Cause 2402 of 2016) [2022] KEELRC 4104 (KLR)", Case Analysis (2022). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2022/4104/eng@2022-09-30
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.