Saleh v Pride King Services Ltd & another (Cause E078 of 2023) [2024] KEELRC 602 (KLR)
The bottom line
#The Employment Court in Kisumu dismissed an unfair termination claim because the claimant could not prove she was actually an employee.
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 existed between the Claimant and the Respondents
- 2.Whether, if an employment relationship existed, there was unfair termination of employment and breach of contract
Key legal issues
#Existence of an employment relationship
The Claimant did not prove she was an employee; the salary increment letter was uncorroborated and bank credits were inconsistent with a salary
The Claimant relied on a letter dated 14 December 2020 increasing her salary and on bank statements showing credits from the Respondents. The Court found the credits inconsistent on a monthly basis and not reflecting the purported increased salary. No formal contract, tax returns or proof of qualifications were produced, and the Respondents' witness denied she was on the payroll. The payments were attributable to a marital relationship with the 2nd Respondent.
Whether unfair termination could be determined
Without proof of an employment relationship, examination of unfair termination was academic
Unfair termination presupposes an employment relationship. Having found none was proved, the Court declined to examine the merits of the unfair termination and breach of contract claims, dismissing the Cause entirely.
Legal principles established
#- Where there is no formal employment contract, the Court may look at secondary evidence to ascertain whether an employment contract existed
- A party asserting an employment relationship bears the burden of proving it to the required standard
Court orders
#- 1.The Court finds and declares that the Claimant was not an employee of the Respondents
- 2.The Cause is dismissed with no order on 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 a Cause alleging unfair termination of employment and breach of contract
Relief refused
#Claims for unfair termination of employment and breach of contract
The Claimant failed to prove the existence of an employment relationship, without which the claims could not be examined
Costs
No order on costs - the Cause was dismissed with no order on 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.
Where there is no formal contract, it is open to the Court to look at secondary evidence to ascertain whether there was in existence an employment contract.
the Court finds and declares that the Claimant was not an employee of the Respondents, and the Cause is dismissed with no order on costs.
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Saleh v Pride King Services Ltd & another (Cause E078 of 2023) [2024] KEELRC 602 (KLR)", Case Analysis (2024). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2024/602/eng@2024-03-13
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.