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ELRCDismissedStatement of claim dated 18/10/2021· [2024] KEELRC 37 (KLR)

Ombajo v Kenya Ports Authority (Cause E094 of 2021) [2024] KEELRC 37 (KLR)

Employment and Labour Relations Court
25 January 2024
ANAGNES KITIKU NZEI
3,455 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~14 min to read original · ~4 min brief

The bottom line

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A basketball coach claiming Ksh 33 million from Kenya Ports Authority lost because the court found he was a volunteer, not an employee.

What this practically means

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Executive summary

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The Claimant sued the Respondent (Kenya Ports Authority) claiming he had been employed as a full-time coach of the KPA Women Basketball Team from 1st July 2016 until 7th July 2021, when his employment was terminated summarily over unsubstantiated sexual harassment allegations without a disciplinary process. He sought a declaration of wrongful termination, unpaid salary, service pay, leave, house allowance and overtime totalling ksh. 33,150,000, a certificate of service, general damages and costs. The Respondent denied ever employing the Claimant, pleading that he had been a voluntary coach of the sponsored ladies basketball team paid games and subsistence allowances only, and raised a jurisdictional objection. At trial, the Claimant's Sacco account statements showed inconsistent payments, and his own 7/7/2021 letter showed he voluntarily stepped aside from all basketball activities, including the KPA technical bench, upon the harassment allegations, after which the Basketball Federation expelled him. The court framed four issues and held, applying the Employment Act definition of an employee, Black's Law Dictionary and ILO indicators, that no employment relationship existed: the Claimant was beholden to the Kenya Basketball Federation, coached several teams, and received irregular allowance payments inconsistent with a salary. Consequently, the court held it lacked jurisdiction to determine any other issue, invoked Owners of Motor Vessel Lilian 's' v Caltex Oil, downed tools, dismissed the suit, and ordered each party to bear its own costs. Judgment delivered at Mombasa on 25th January 2024.

Key legal issues

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01

Whether an employment relationship existed between the Claimant and the Respondent

Holding

No employment relationship existed; the Claimant's engagement was voluntary, paid by way of games and subsistence allowances, and controlled by the Kenya Basketball Federation

Reasoning

Applying the Employment Act definition, Black's Law Dictionary and ILO indicators of employment, the court found none were demonstrated. Payments into the Claimant's Sacco account were inconsistent in timing and amount, inconsistent with a pleaded salary, and consistent with tournament allowances. The Claimant coached several teams, was controlled by the Basketball Federation, and voluntarily stepped aside from all basketball activities on 7/7/2021.

p. 7
02

Whether the Court had jurisdiction to determine the claim

Holding

Having found no employment relationship, the Court lacked jurisdiction to determine any other issue or make awards

Reasoning

Relying on Owners of Motor Vessel Lilian 's' v Caltex Oil (Kenya) Ltd, the court held that jurisdiction is everything and a court without jurisdiction must down tools immediately; consequently the suit was dismissed rather than determined on the merits of unfair termination or reliefs.

p. 8

Legal principles established

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  • Jurisdiction is everything; a court without jurisdiction must down tools at once

Court orders

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  1. 1.The Claimant's suit is dismissed
  2. 2.Each party will bear its own costs of the proceedings
Jurisdiction invoked
Employment and Labour Relations Court jurisdiction under the Employment Act and Labour Relations Act (as pleaded; the court found it lacked jurisdiction absent an employment relationship)

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Ombajo v Kenya Ports Authority (Cause E094 of 2021) [2024] KEELRC 37 (KLR)", Case Analysis (2024). Statement of claim dated 18/10/2021. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2024/37/eng@2024-01-25

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.