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ELRCOtherNot stated in the judgment· [2013] KEELRC 414 (KLR)

STEPHEN KARIUKI & another v MICHAEL NJOROGE & another [2013] KEELRC 414 (KLR)

Industrial Court of Kenya
7 February 2013
MOMaureen Onyango
372 words in judgment
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The bottom line

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A Kenyan employment court refused to rule on workers' claims because the evidence was conflicting and the actual employer had never been identified.

What this practically means

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Executive summary

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The Claimants, Stephen Kariuki and Moses Mwangi, filed employment disputes against the Respondents, Sandstone Logistics Ltd, Cylinder Works Ltd and Michael Njoroge. The disputes were earlier referred by Hon. Justice Isaac Mukunya on 5th October 2011 to the Labour Commissioner for investigation; the Labour Officer's report was filed in Court on 6th February 2012. On 4th December 2012, counsel made submissions on the report: Mr. Kandere, for the Claimants, urged the Court to disregard it, while Mr. Nyaanga, for the Respondents, asked that it be adopted. Lady Justice Maureen Onyango considered the report, the pleadings and the submissions and found the evidence insufficient and conflicting, such that a fair decision could not be made. She further noted that the Respondent had not filed full particulars of the Claimants' employment, and that the parties had not addressed which of the three Respondents was the employer - a question essential to determining who, if anyone, should pay any amounts awarded. Rather than determine the claims, the Court directed the parties to take a hearing date in the registry so each could submit its evidence; directed the Respondents to file, within 14 days by supplementary submissions, full particulars of employment covering annual leave, public holiday work, house allowance and overtime as required to be kept by law; allowed the Claimants 7 days from service to respond; and directed the registry to assign a hearing date on a priority basis. The ruling was read in open Court and signed on 7th February 2013. No costs order was made and no authorities were cited.

Key legal issues

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01

Sufficiency of evidence for determination

Holding

The Court declined to determine the disputes on the existing record, finding the evidence insufficient and conflicting

Reasoning

The Court considered the Labour Officer's report, the pleadings and oral submissions but found the evidence conflicting. It also noted the Respondent had not filed full particulars of employment, and that no party had addressed which of the three Respondents was the employer, making any award of the amounts claimed impossible on the current record.

p. 2
02

Duty to furnish employment particulars

Holding

The Respondents were directed to file full particulars of the Claimants' employment as required to be kept by law

Reasoning

The Respondent had not filed full particulars of employment. The Court ordered disclosure of records relating to annual leave, work on public holidays, house allowance and overtime, to be filed within 14 days by supplementary submissions, with the Claimants entitled to respond within 7 days of service.

p. 2

Legal principles established

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  • Where the evidence on record is insufficient and conflicting, the court may decline to decide and direct the parties to tender their evidence

Court orders

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  1. 1.Parties to take a hearing date in the registry so each party can submit its evidence
  2. 2.Respondents to file full particulars of the employment of the Claimants, specifically annual leave, work on public holidays, house allowance and overtime, through supplementary submissions within 14 days
  3. 3.Claimants may file a response within 7 days from the date of service
  4. 4.Registry to give a hearing date on a priority basis
Jurisdiction invoked
Not expressly stated; the dispute was referred to the Industrial Court for determination, with an earlier reference to the Labour Commissioner for investigation

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, "STEPHEN KARIUKI & another v MICHAEL NJOROGE & another [2013] KEELRC 414 (KLR)", Case Analysis (2013). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2013/414/eng@2013-02-07

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