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Court of AppealDismissedNot stated in judgment

Maina v Ndirangu & 2 others (Civil Appeal 55 of 2019) [2025] KECA 1565 (KLR)

Court of Appeal of Kenya
3 October 2025
1,444 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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The Court of Appeal dismissed a church worker's employment claim because she sued the wrong parties and produced no proof of an employment relationship.

What this practically means

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Executive summary

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The appellant appealed to the Court of Appeal at Nyeri against a decision of the Employment and Labour Relations Court (Nzioki wa Makau, J.) dismissing her claim for unlawful termination against Jane Wairimu Ndirangu, the Presbyterian Foundation and Joseph Maina Muchiri. She alleged she was engaged in 2010 as a cleaner cum gardener by the Local Church Committee of the PCEA Kirathimo Church, paid below statutory minimum wages, and terminated by telephone with effect from 1st January 2017. She sought declarations, severance pay, arrears, service pay, unremitted statutory deductions, overtime, public holiday pay and a certificate of service. The respondents denied employing her, contending she was a volunteer receiving financial assistance. The Court of Appeal, in a single judgment of the bench (Jamila Mohammed, L. Kimaru and A.O. Muchelule, JJ.A), framed two issues: whether an employment relationship existed, and whether the ELRC erred in finding she sued the wrong parties. Applying the burden-of-proof principles in sections 107, 109 and 112 of the Evidence Act and the Supreme Court's decision in Trusted Society of Human Rights Alliance v Matemu, the Court held that the appellant failed to prove employment by the respondents; her engagement was through the LCC, the proper party, which was never enjoined. The appeal was dismissed for lack of merit and, in view of the appellant's indigence, no order as to costs was made, thereby affirming the decision below.

Questions the Court framed

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The issues the Court set itself to decide, in its own words.

  1. 1.Whether an employment relationship existed between the appellant and the respondents
  2. 2.Whether the ELRC erred when it found that the appellant was wrongly suited (sued the wrong parties)

Key legal issues

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01

Whether an employment relationship existed between the appellant and the respondents

Holding

No employment relationship was proved; the appellant produced no records or witnesses to corroborate her claim of a monthly salary, and the alleged dismissal call was unsubstantiated

Reasoning

An allegation of monthly payment, if proved, would negate casual employment, but the appellant failed to produce records or corroborating witnesses. She did not compel production of employment records under Order 16 of the Civil Procedure Rules. Under section 107 of the Evidence Act the burden lay on her, on a balance of probabilities, to prove the contract of service and its termination; that burden was not discharged.

p. 3
02

Whether the respondents were proper parties to the suit

Holding

The ELRC did not err in finding the appellant wrongly suited; her engagement was through the LCC, which was the proper party but was never enjoined

Reasoning

On the record the appellant's engagement was through the Local Church Committee; the 2nd respondent's mandate was limited to property, the 1st respondent had no role, and the 3rd respondent acted only as chair of the LCC. Applying the Supreme Court's reasoning in Trusted Society of Human Rights Alliance v Matemu, a suit can be struck out where a wrong party is enjoined. The claim against the wrong parties therefore properly failed.

p. 3

Legal principles established

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  • A Court of Appeal will not normally interfere with a finding of fact by the trial court unless it is based on no evidence, on a misapprehension of the evidence, or the judge demonstrably acted on wrong principles
  • The legal burden of proof lies on the party who invokes the aid of the law and asserts the affirmative of the issue; he who asserts must prove
  • A suit may be struck out where a wrong party is enjoined in it

Court orders

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  1. 1.Appeal dismissed for lack of merit
  2. 2.No order as to costs in view of the appellant's indigence

The bench

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One judgment of the whole court — no separate or dissenting opinions.

majority
majority
majority
On appeal from
Employment and Labour Relations Court
Not stated in judgment
Jurisdiction invoked
First appeal to the Court of Appeal under the Court of Appeal's appellate jurisdiction (statutory provision not stated in the judgment)

Relief refused

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Reversal of the ELRC decision and award of monetary claims (declarations, severance pay, underpayment arrears, service pay, unremitted statutory deductions, overtime, public holiday pay, certificate of service and interest)

The appellant failed to prove an employment relationship with the respondents and sued the wrong parties, the proper employer (the LCC) not being enjoined

p. 4

Costs

No order as to costs, in view of the appellant's indigence

Quotable passages

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Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.

The upshot is that the appeal is dismissed for lack of merit. In view of the appellant’s indigence, we make no order as to costs.
p. 4Final orders - dismissal of appeal and costs
Further, the proper employer, the LCC, was never enjoined. The ELRC’s decision dismissing the claim was therefore sound.
p. 4Affirmance of the decision below
A suit can be struck out if a wrong party is enjoined in it.
p. 3Misjoinder of parties
In an action anchored on a contractual relationship the burden of proving the existence of a contract, performance of conditions precedent, breach and damages, lies with the claimant
p. 3Burden of proof in contractual claims

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, "Maina v Ndirangu & 2 others (Civil Appeal 55 of 2019) [2025] KECA 1565 (KLR)", Case Analysis (2025). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2025/1565/eng@2025-10-03

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