Mildred Atenge Emuria v Fidelis Wamalwa [2016] KEELRC 1180 (KLR)
The bottom line
#A Kenyan court dismissed a house help's unfair termination claim because she could not prove she was actually employed.
What this practically means
#Executive summary
#Key legal issues
#Limitation under Section 90 of the Employment Act
The claim was not time barred as it was filed within three years of the cause of action accruing on 8/9/2013.
The claimant was allegedly employed on 15.1.2010 and terminated on 8/9/2013, so the cause of action arose on the termination date. The suit was filed on 3/3/2014, within the three-year limitation period prescribed by Section 90 of the Employment Act, 2007. The respondent's limitation objection therefore failed.
Existence of an employment relationship
The claimant failed to prove an employment relationship existed between her and the respondent.
The claimant alleged she was employed as a house help from 15.1.2010 at Kshs.6,000 per month, but produced no employment letter or other evidence. The respondent maintained she was a relative taken in out of kinship, given a stipend, and apprenticed in tailoring. The respondent also pointed to her lack of an identity card, and the claimant provided no proof of holding one when the onus shifted to her.
Entitlement to terminal dues and compensation
Not determined; the claim was dismissed following failure to prove employment.
Having found that no employment relationship was established, the court held it unnecessary to determine whether the relationship was fairly terminated and whether the claimant was entitled to the prayers sought, including notice pay, leave, service pay, underpayments, public holidays and rest days, and twelve months' compensation for unfair termination.
Legal principles established
#- A party alleging an employment relationship bears the burden of establishing it; where the claimant provides no evidence beyond asserting employment, the claim fails.
- Under Section 90 of the Employment Act, claims must be filed within three years of accrual of the cause of action.
Court orders
#- 1.Dismissal of the claimant's case with no order as to costs
- Jurisdiction invoked
- Employment Act, 2007 (Sections 41, 45, 90) and Article 41 of the Constitution
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Mildred Atenge Emuria v Fidelis Wamalwa [2016] KEELRC 1180 (KLR)", Case Analysis (2016). Memorandum of Claim filed 19/2/2014, Amended Statement of Claim dated 20th April 2015. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2016/1180/eng@2016-04-26
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.