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ELRCDismissedCause No. 19 of 2014· [2016] KEELRC 82 (KLR)

Christopher Koech v Kapchebet Tea Factory Limited [2016] KEELRC 82 (KLR)

Employment & Labour Relations Court of Kenya
8 December 2016
DMD. K. Njagi Marete
1,507 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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The Employment Court dismissed a worker's unfair dismissal claim because he brought no evidence proving he was actually fired.

What this practically means

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Executive summary

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The claimant, Christopher Koech, sued Kapchebet Tea Factory Limited claiming that after employment as a driver and later Sales Assistant Grade II, he was verbally dismissed around 31st December 2013/6th January 2014. He alleged that at a meeting on 31st December 2013 he was informed he owed the company Kshs.2,048,182/- without reconciliation or supporting evidence, that he was frog-matched to his uncle's premises where a search was conducted, and that guards were instructed to bar him from the premises. He sought declarations that the dismissal was unfair and unlawful, general damages for violation of his dignity, payment of salary to reinstatement, and alternatively notice pay, salary for January 2014, and maximum compensation of 12 months' salary, totalling Kshs.3,448,000, plus interest and costs. The respondent denied any termination, asserting the claimant absconded duty and misappropriated funds, that he acknowledged the debt and undertook to recover it from customers, and that his account was founded on lies. The matter proceeded by written submissions. Framing four issues, the court found that the claimant's documents did not support his claim and that he failed to prove the termination on a balance of probabilities, especially against the respondent's blatant denial. Finding no termination, the court held the remaining issues abated and dismissed the claim with costs to the respondent. The judgment is dated 8th December 2016, though the record recites agreement on written submissions on 26th July 2017, an internal inconsistency.

Key legal issues

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01

Whether the claimant's employment was terminated by the respondent

Holding

No termination was proved; the claimant failed to discharge his burden of proof on a balance of probabilities despite the respondent's denial of termination.

Reasoning

The claimant alleged verbal dismissal on 31st December 2013/6th January 2014 and production of two dismissal-related letters. However, beyond the memorandum of claim and documents listed, he tendered no evidence supporting termination. The respondent maintained the claimant absconded duty and misappropriated funds of Kshs.2,048,182.00. Because the claimant did not prove the termination, the court found there was no termination of employment.

p. 4
02

Entitlement to relief where no termination is established

Holding

With no termination found, the remaining issues abated and the relief sought was unavailable.

Reasoning

The court held that the other issues (wrongfulness/unfairness of termination and entitlement to relief) were dependent on the primary finding of a termination. Having found none, they fell away without consideration, resulting in dismissal of the whole claim with costs to the respondent.

p. 4

Legal principles established

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  • A claimant bears the duty of proving his claim on a balance of probabilities, particularly where the respondent blatantly denies the central fact alleged.

Court orders

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  1. 1.The claim is dismissed
  2. 2.Costs of the cause awarded to the respondent
Jurisdiction invoked
Employment and Labour Relations Court jurisdiction over employment claims (Memorandum of Claim under the court's employment jurisdiction)

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, "Christopher Koech v Kapchebet Tea Factory Limited [2016] KEELRC 82 (KLR)", Case Analysis (2016). Cause No. 19 of 2014. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2016/82/eng@2016-12-08

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