Sasai & 8 others v Narok County Government & another (Cause E050 of 2023) [2025] KEELRC 2298 (KLR)
The bottom line
#A Kenyan court dismissed a Kshs. 3 million gratuity claim because the employee's contract had no gratuity clause and she produced no supporting documents.
What this practically means
#Executive summary
#Questions the Court framed
#The issues the Court set itself to decide, in its own words.
- 1.Whether the 2nd Claimant, granted leave to formally prove her case separately, proved entitlement to a gratuity balance of Kshs. 2,998,971
Key legal issues
#Whether the 2nd Claimant proved her entitlement to gratuity
The claim failed because the 2nd Claimant did not produce a contract containing a gratuity clause, unlike her co-claimants, and produced no documents on payment or the balance claimed
The Court noted that the 2nd Claimant's appointment letter dated 13th September 2018 contained no clause on gratuity, and that the earlier judgment of 28th February 2025 had already flagged the absence of the gratuity contract. Even after being granted leave to prove her case separately, she exhibited only her appointment letter, ID card, pay slips, oath letter and certificate of service - none establishing gratuity entitlement. She likewise produced no documents evidencing the payments received or the balance claimed. The Court therefore held the claim unproved.
Legal principles established
#- A claimant who alleges entitlement to gratuity must place before the Court the contract or document establishing that entitlement; absence of such proof is fatal to the claim
Court orders
#- 1.The 2nd Claimant's Claim is declined
- 2.No order on the costs
The bench
#One judgment of the whole court — no separate or dissenting opinions.
Wrote the judgment
- Jurisdiction invoked
- Employment and labour relations jurisdiction (original claim; specific provision not stated in judgment)
Relief refused
#Payment of gratuity balance of Kshs. 2,998,971
The 2nd Claimant failed to formally prove her claim; she did not exhibit a contract providing for gratuity nor documents evidencing payment and the balance claimed
Costs
No order on the costs (each party bears own 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.
She did not exhibit any contract showing that she was entitled to gratuity, even after she was granted leave, to formally prove her case separately.
it is ordered : a. The 2nd Claimant's Claim is declined. b. No order on the costs.
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Sasai & 8 others v Narok County Government & another (Cause E050 of 2023) [2025] KEELRC 2298 (KLR)", Case Analysis (2025). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/2298/eng@2025-07-31
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.