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ELRCDismissedNot stated in judgment· [2018] KEELRC 2051 (KLR)

Samuel Osoro Kebati v Kenya Revenue Authority [2018] KEELRC 2051 (KLR)

Employment and Labour Relations Court
11 May 2018
RSRadido Stephen
1,557 words in judgment
View original judgmentRead on Kenya Law Watch case
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·~6 min to read original · ~4 min brief

The bottom line

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A Kenyan court dismissed a KRA employee's Kshs 3 million medical bill claim because his employment had ended and he couldn't prove what he actually paid.

What this practically means

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Executive summary

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The Claimant, an employee of the Kenya Revenue Authority, wrote on 8 November 2007 requesting early retirement under the 50 year rule without indicating an effective date. On 14 November 2007 he was summarily dismissed for participating in the 2007 general elections without resigning, but the dismissal was rescinded on 19 November 2007 to consider the retirement request. On 4 December 2007 the Respondent confirmed the early retirement was effective 8 November 2007. The Claimant was involved in a road accident on 15 January 2008 while travelling to discuss the retirement, sustaining serious injuries. The Respondent initially undertook to contribute to his hospital bill but withdrew the undertaking on 30 January 2008 on the ground that he was no longer an employee. The Claimant sued in April 2012, contending employment subsisted until 30 January 2008 under the Public Service Retirement Regulations, and claiming Kshs 3,000,000/- in hospital bills. The Respondent did not defend. The Court identified two questions: employment status as of 15 January 2008 and liability for the medical bills. It found the employment relationship had ended by 15 January 2008, since the Claimant failed to prove the statutory framework he invoked, the letter suggesting a varied retirement date was of doubtful origin, and the Respondent had declined variation requests. Alternatively, the claim failed because special damages were neither properly pleaded nor proved; invoices are not proof of payment, and receipts totalled under Kshs 170,000/-. The Cause was dismissed with no order as to costs.

Key legal issues

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01

Whether the employment relationship subsisted as at 15 January 2008

Holding

It did not; early retirement was effective 8 November 2007 and the Claimant failed to prove any statutory basis for a later effective date

Reasoning

The Claimant requested early retirement without specifying an effective date; the Respondent communicated an effective date of 8 November 2007 which the Claimant did not challenge until after the accident. He relied on Public Service Retirement Regulations but neither identified nor proved them. A letter of doubtful origin suggesting a variation was disbelieved, and records showed the Respondent declined variation requests.

p. 3
02

Whether the Respondent was liable for the medical bills

Holding

No liability, both because employment had ended and because special damages were not proved

Reasoning

Liability would have failed even if employment subsisted, because the claim constituted special damages requiring pleading and proof. Although invoices and bills totalling around Kshs 1 million were produced, the pleaded Kshs 3,000,000/- was not matched, and receipts for actual payments totalled less than Kshs 170,000/-.

p. 3

Legal principles established

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  • A party asserting a statutory/regulatory basis for a claim must prove it; unproved regulatory frameworks cannot sustain a claim
  • A bill or invoice is not proof of payment

Court orders

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  1. 1.The Cause is dismissed
  2. 2.No order as to costs

Authorities

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Legislation

  • Public Service Retirement RegulationsNot specified
Jurisdiction invoked
Jurisdiction as the successor court to the High Court after transfer of the employment dispute; specific provision not stated in the judgment

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, "Samuel Osoro Kebati v Kenya Revenue Authority [2018] KEELRC 2051 (KLR)", Case Analysis (2018). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2018/2051/eng@2018-05-11

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