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ELRCDismissedCause No. 775 of 2015· [2018] KEELRC 1870 (KLR)

Fredrick Ndambuki Muia v Ragos Food Industries Limited [2018] KEELRC 1870 (KLR)

Employment and Labour Relations Court
30 May 2018
HWHellen S. Wasilwa
486 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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What this practically means

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Executive summary

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The claimant, Fredrick Ndambuki Muia, filed an undefended claim on 7 May 2015 alleging wrongful and unfair termination of his services by Ragos Food Industries Limited and non-payment of terminal benefits. He stated he was employed on 4 January 2010 as a casual worker, working as a Turn Boy loading and delivering goods at a monthly salary of 11,100 shillings. He alleged that the respondent deducted NHIF and NSSF dues but never remitted them, and that after seeking bereavement leave to attend a funeral, he returned to be informed he had been fired, being verbally dismissed on 21 March 2015 without any fair hearing. He sought notice pay, leave pay for 21 days, salary for 21 days worked, house allowance at 15% of back pay, unremitted NSSF and NHIF deductions and damages for unfair termination, totaling 293,769.20 shillings. The respondent was duly served but neither entered appearance nor filed a defence, and the court directed the matter to proceed as an undefended claim. The claimant testified and filed submissions. The court, however, held that although the claimant led evidence of employment, he failed to prove even the basic existence of the employment relationship, producing neither NHIF nor NSSF statements despite alleging deductions were made. The evidence fell below the required standard, and the claim was dismissed in its entirety with no orders as to costs.

Key legal issues

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01

Proof of employment relationship in an undefended claim

Holding

The claim was dismissed because the claimant's evidence fell below the required standard of proof of the employment relationship

Reasoning

Although the claimant gave sworn evidence that he was employed as a casual worker as a Turn Boy at a monthly salary of 11,100 shillings, and alleged that the respondent deducted NHIF and NSSF dues without remitting them, he produced no NHIF or NSSF statements or any other documentation. Even in an undefended claim, the claimant must still prove his case to the required standard. His sworn averments alone were insufficient to establish the oral contract of employment, and the entire claim therefore failed.

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Legal principles established

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  • A claimant bears the burden of proving the employment relationship, including where the alleged contract is oral, and may discharge it with documents such as NHIF and NSSF statements

Court orders

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  1. 1.The claim is dismissed altogether with no orders as to costs
Jurisdiction invoked
Employment and Labour Relations Court jurisdiction over wrongful and unfair termination claims (Employment Act)

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, "Fredrick Ndambuki Muia v Ragos Food Industries Limited [2018] KEELRC 1870 (KLR)", Case Analysis (2018). Cause No. 775 of 2015. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2018/1870/eng@2018-05-30

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