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ELRCDismissedCause No. 2500 of 2016· [2018] KEELRC 1755 (KLR)
Justina Nzula Mbau v Racheal Wanjiku Kimani [2018] KEELRC 1755 (KLR)
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·~2 min to read original · ~4 min briefThe bottom line
#A Kenyan court dismissed a domestic worker's Kshs 820,621 claim because she couldn't prove she was ever employed, even though nobody defended the case.
What this practically means
#Executive summary
#The claimant, Justina Nzula Mbau, sued the respondent, Racheal Wanjiku Kimani, claiming underpayment, unlawful and wrongful dismissal and unpaid terminal dues totalling Kshs 820,621. She alleged she was employed as a house servant on 15 September 2005 and was terminated on 1 October 2014 after reporting about two hours late from leave she had sought to visit her ailing father in Makueni County, without being given an opportunity to defend herself. The respondent entered appearance through Ngira & Associates but filed no defence, and the court directed the claim to proceed undefended. Justice Hellen S. Wasilwa held that even in an undefended claim, the claimant retains the duty to prove her case, including establishing the employment relationship at least remotely. The claimant called no witness and gave no evidence of any interaction with the respondent beyond her own assertions. The court found she failed to establish her case and dismissed the claim with no order as to costs. Judgment was delivered on 5 June 2018.
Key legal issues
#01
Burden of proof in an undefended employment claim
Holding
The claimant bears the duty to prove her case and the employment relationship, notwithstanding that the claim proceeds undefended
Reasoning
The claimant's assertion of employment was uncorroborated: no witness was called and no evidence of interaction with the respondent was tendered. Mere assertion did not discharge the evidential burden, so the claim failed even though no defence was filed.
p. 1
Legal principles established
#- Even where a claim proceeds undefended, the burden remains on the claimant to prove her case on a balance of probability
Court orders
#- 1.The claim is dismissed with no order as to costs
- Jurisdiction invoked
- Employment and Labour Relations Court jurisdiction under the Employment Act (cause filed as Employment Cause No. 2500 of 2016)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Justina Nzula Mbau v Racheal Wanjiku Kimani [2018] KEELRC 1755 (KLR)", Case Analysis (2018). Cause No. 2500 of 2016. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2018/1755/eng@2018-06-05
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.