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ELCDismissedCause E006 of 2022· [2024] KEELC 4624 (KLR)

Njihia v Gathuku & 2 others (Environment and Land Appeal E022 of 2023) [2024] KEELC 4624 (KLR)

Employment and Labour Relations Court
7 March 2025
ANAnna Ngeny
5,565 words in judgment
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The bottom line

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What this practically means

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Executive summary

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This judgment of the Employment and Labour Relations Court at Nairobi, delivered by Anna Ngeny, Principal Magistrate, determined a claim by Peter Kariuki, suing as the legal representative of the estate of the late Irene Wanjiru, against Gladys Wangui. The claimant asserted that the deceased was employed by the respondent as a farmhand from October 2018 until her death in August 2020, and that her services were wrongfully and unfairly terminated in breach of the contract of service and the law, including Articles 41 and 50 of the Constitution. The claimant sought twelve months' salary as compensation, service pay, interest, and costs. The respondent, appearing in person, denied that the deceased was her employee, asserting she worked as a mason for her husband on casual terms, and gave notice that she would raise a preliminary objection on the court's jurisdiction to entertain the suit. The court framed three issues: whether an employment relationship was proved; whether any discharge was procedurally fair; and entitlement to reliefs. Relying on the principle that he who alleges must prove, and on authority that a party seeking to enforce an employment contract must establish its terms, the court found the only evidence of employment was an undated, unsigned casual labour ledger with no supporting witness, and observed the claimant's own letter suggested the deceased belonged to a different church from the respondent. The court held that no employment relationship was proved, the second issue fell away, and the reliefs could not issue. The claim was dismissed in its entirety with no orders as to costs.

Key legal issues

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01

Whether the Claimant proved on a balance of probability that the deceased was an employee of the Respondent

Holding

No employment relationship was proved; the Claimant failed to discharge the burden of proof.

Reasoning

The only evidence supporting the alleged employment relationship was an undated, unsigned casual labour ledger containing wages payments allegedly made to the deceased. No witness was called to shed light on the casual labour ledger. A letter listing beneficiaries indicated the deceased was a member of the Anglican Church of Kenya; the Respondent was a member of the PCEA church. There was no other proof of any employment relationship between the deceased and the Respondent. The Claimant failed to discharge the burden of proof on a balance of probability.

02

Whether the deceased was discharged from employment in a procedurally fair manner

Holding

There being no employment relationship proved, this issue falls away.

Reasoning

Having found that no employment relationship existed between the deceased and the Respondent, the question of procedural fairness in any purported termination did not arise for determination.

03

Whether the claimant is entitled to the reliefs sought

Holding

The claimant was not entitled to the reliefs sought, and the suit was dismissed.

Reasoning

Since the claimant failed to prove an employment relationship between the deceased and the respondent, the foundation for all the reliefs claimed, including compensation, service pay, and interest, fell away. The claim was consequently dismissed in its entirety.

Legal principles established

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  • The party alleging the existence of an employment relationship bears the burden of proving it.
  • The court will not arbitrarily interfere with the actions of a party, which are anchored on a contract freely entered into.

Court orders

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  1. 1.That the suit is hereby dismissed with no orders as to costs
  2. 2.Mention on 20th June 2025 to confirm the date of delivery of the certified copy of the record of appeal

Authorities

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Legislation

  • Constitution of Kenya 2010Article 162(2)
  • Constitution of Kenya 2010Article 41
  • Constitution of Kenya 2010Article 50
  • Employment ActSections 2, 35, 51
Jurisdiction invoked
Article 162(2) of the Constitution of Kenya 2010

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, "Njihia v Gathuku & 2 others (Environment and Land Appeal E022 of 2023) [2024] KEELC 4624 (KLR)", Case Analysis (2025). Cause E006 of 2022. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2024/4624/eng@2024-06-10

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