Skip to content
AI-generated case briefs sourced from Kenya Law · Not legal advice
Caselaw
AI-generated case brief
Case Brief · caselaw.co.ke
ELRCDismissedMemorandum of Claim dated 11th June 2011· [2012] KEELRC 155 (KLR)

BARACK ODHIAMBO MANGO V M/S. TAWFIQ KENYA LIMITED [2012] KEELRC 155 (KLR)

Industrial Court (Employment and Labour Relations Court)
26 October 2012
MOMaureen Onyango
763 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~3 min to read original · ~4 min brief

The bottom line

#

An ex-employee's claim for over Kshs. 1.1 million failed because he brought no documents proving he ever worked for the company.

What this practically means

#

Executive summary

#
The claimant, Barack Odhiambo Mango, filed a memorandum of claim dated 11th June 2011 against Ms. Tawfiq Kenya Limited seeking a certificate of employment, Kshs. 1,102,282.60 in severance pay, one month's salary in lieu of notice inclusive of house allowance, and 12 months' salary compensation, plus expenses of Kshs. 16,500, costs and interest. The respondent did not enter appearance, and after the court confirmed proper service with an affidavit of service filed, the claim was heard ex parte on 18th September 2012. The claimant testified that he was employed as a shop assistant on 30th April 2003 at a salary of Kshs. 9,000, later raised to Kshs. 12,000 without house allowance; that he worked long hours including public holidays without double pay; and that his employment was terminated without reason on 9th November 2011. He explained the absence of a letter of appointment and his work identification card by stating his house had burnt down. The court found there was absolutely no evidence proving an employment relationship: no letter of appointment, no termination letter, and no identification document were produced, nor even a police abstract for the allegedly burnt documents. Applying the principle from Section 108 of the Evidence Act that the burden of proof lies on the party who would fail if no evidence were given, and the dictum in Wasike Wakhu that a party must place all material evidence before the court, the court held it had no evidence connecting the claimant to the respondent and dismissed the claim on 26th October 2012.

Key legal issues

#
01

Whether the claimant proved an employment relationship with the respondent

Holding

The claim was dismissed because the claimant produced no evidence of employment; no letter of appointment, termination letter or work identification was produced, and even a police abstract was not produced

Reasoning

The respondent did not appear and the matter proceeded ex parte, but the claimant bore the burden of proving his case. He testified to employment from 30th April 2003 and termination on 9th November 2011, yet produced no documentary evidence, not even a police abstract for the allegedly burnt documents. Applying the evidentiary burden principle, the court found nothing connecting the claimant to the respondent and dismissed the claim.

p. 2

Legal principles established

#
  • The burden of proof in a suit lies on the person who would fail if no evidence at all were given on either side
  • A party seeking justice must place before the court all material evidence; he who alleges must prove

Court orders

#
  1. 1.The claim is dismissed on the ground that the claimant has not proved his case against the respondent

Authorities

#

Legislation

  • Evidence ActSection 108

Cases cited (2)

  • Githinji Karoki versus Egerton University
    Nakuru Civil Appeal No.47 of 2006
  • Stephen Wasike Wakhu & another V Security Express Limited
    Nairobi HCCC No.292 of 2002
Jurisdiction invoked
Employment and labour relations jurisdiction over a memorandum of claim filed under the Industrial Court's jurisdiction (no specific provision cited in the judgment)

Key timeline

#

Practical implications

#

Frequently asked questions

#

Cite this brief

#

Cite this brief

Caselaw, "BARACK ODHIAMBO MANGO V M/S. TAWFIQ KENYA LIMITED [2012] KEELRC 155 (KLR)", Case Analysis (2012). Memorandum of Claim dated 11th June 2011. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2012/155/eng@2012-10-26

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