Omollo v Quintities East Africa Limited t/a Iqvia (Petition E121 of 2020) [2025] KEELRC 2919 (KLR)
The bottom line
#Kenya's Employment Court ruled that an unsigned, unaccepted job offer creates no employment relationship, so withdrawing it is not unfair termination.
What this practically means
#Executive summary
#Key legal issues
#Whether a binding contract of employment existed between the petitioner and the respondent
No binding contract existed; the offer of 29 April 2020 was never accepted by signature and was withdrawn on 30 April 2020
The court traced the email exchanges culminating in the offer of 29 April 2020, which the petitioner was asked to sign and revert. There was no evidence the petitioner signed the offer; instead he made a counter-proposal on remuneration. The offer was withdrawn on 30 April 2020 after due diligence revealed the petitioner had misrepresented the reason for leaving his previous employment, so no enforceable employment relationship crystallised.
Whether the withdrawal of the employment contract amounted to unfair termination and violation of the petitioner's rights
Wrongful termination and breach of rights do not arise in the absence of an employment contract
Because the 1 April 2020 start date communicated by email was subject to due diligence, and due diligence negated the start of the contract, the respondent lawfully withdrew the offer. Without a contract sealed by signature, there was no termination to test against the Employment Act, and no violation of fair labour practices or fair administrative action was proved.
Whether the petitioner proved his claim to the required standard
The petitioner failed to discharge the burden of proof and the petition was dismissed
The court applied the standard of proof on a balance of probability and found the petitioner had not established a contract, an agreed salary of Kshs. 3,284,199, or constitutional violations. All the declaratory, reinstatement and damages reliefs consequently fell away.
Legal principles established
#- For an offer to be binding there must be intention to create legal relations, offer and acceptance, and agreement on essentials including remuneration, duration and start date; a contract of employment not signed or accepted cannot be enforced
Court orders
#- 1.The petition is dismissed
- 2.No order of costs
- Jurisdiction invoked
- Petition alleging violation of Articles 41 and 47 of the Constitution; Employment and Labour Relations Court jurisdiction
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Omollo v Quintities East Africa Limited t/a Iqvia (Petition E121 of 2020) [2025] KEELRC 2919 (KLR)", Case Analysis (2025). Petition dated 20th July 2020 (case number not stated in the judgment). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/2919/eng@2025-10-22
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.