Ernest Nechesa Obok v Liddos Club Limited [2018] KEELRC 2285 (KLR)
The bottom line
#A Kenyan court awarded a dismissed cleaner Kshs 145,000 because his employer showed up to defend the case but never presented any evidence.
What this practically means
#Executive summary
#Key legal issues
#Existence of an employment relationship
The court accepted the claimant's assertion that he was employed as a cleaner, as the respondent failed to call evidence or produce documents to support its claim that he was only a garbage collector
The respondent denied the employment relationship, asserting the claimant merely collected garbage. At hearing the respondent chose not to call evidence; only the claimant testified. Statements in pleadings are not evidence and must be supported by documents. The respondent's failure left the claimant's assertions uncontested, so the employment relationship was taken as established.
Fairness of the summary dismissal
The dismissal was unfair; the employer failed to prove valid reasons and due process
The claimant was summarily dismissed for refusing a Kshs 2,000 deduction over leaving a door open. Dismissal must be for valid and justifiable reasons and follow due process under the Employment Act. The burden of proving these requirements lies on the employer, and the respondent, having not adduced evidence, did not discharge that burden.
Legal principles established
#- In claims for unfair termination, the employee must prove that unfair termination took place, while the employer bears the duty to show that valid reasons existed for the termination
- A dismissal must be for valid and justifiable reasons and with due process under the Employment Act, and the burden of proving this rests on the employer
- Statements in pleadings are not evidence; averments must be backed by supporting documents or oral evidence
Court orders
#- 1.Judgment entered in favour of the claimant for a total of Kshs 145,000 comprising one month salary in lieu of notice (Kshs 8,000), service pay at 15 days for each completed year of service (Kshs 20,000), unpaid salary for October (Kshs 8,000), unpaid house allowance (Kshs 13,000), payments in lieu of untaken leave (Kshs 40,000) and seven months' salary for unfair termination (Kshs 56,000)
- 2.Items (a), (b), (c), (d) and (f) to be subject to statutory deductions and taxes
- Jurisdiction invoked
- Employment and Labour Relations Court jurisdiction under Article 162(2) of the Constitution over employment and labour relations disputes (not expressly cited in the judgment)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Ernest Nechesa Obok v Liddos Club Limited [2018] KEELRC 2285 (KLR)", Case Analysis (2018). Cause 1064 of 2013. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2018/2285/eng@2018-02-23
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.