Skip to content
AI-generated case briefs sourced from Kenya Law · Not legal advice
AI-generated case brief
Case Brief · caselaw.co.ke
ELRCDismissed· [2019] KEELRC 530 (KLR)

John Maina Mathaiya v Telkom Kenya Limited [2019] KEELRC 530 (KLR)

Employment and Labour Relations Court
28 October 2019
1,499 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~6 min to read original · ~4 min brief

The bottom line

#

A Kenyan employee who was wrongfully dismissed still lost his case because he never proved or quantified his claims.

What this practically means

#

Executive summary

#
The Claimant, formerly a clerical officer in the Respondent's Human Resource Department since 1992, was in December 2011 charged with stealing Telkom cables valued at Kshs. 1,199,387/- from the Respondent. After conviction and a two-year non-custodial sentence, the Respondent summarily dismissed him with effect from 28th April 2014. His appeal succeeded and he was acquitted by the High Court on 15th September 2016, whereupon he sought reinstatement and compensation. The Respondent defended the dismissal as grounded on the conviction, arguing that reinstatement was impracticable for want of mutual confidence and because his position had been filled, and that general damages were not available under the Employment Act. The Claimant testified that he was dismissed without a hearing; the Respondent's witness maintained that disciplinary proceedings were instituted and that the conviction sufficed for dismissal. The court found that the reinstatement sought was untenable, the dismissal having occurred five years earlier, and that the Claimant ought to have sought compensation instead. It further found that the Claimant neither particularised nor quantified his claim nor produced documentation of his earnings, leaving his claim unproven on a balance of probabilities. The suit was dismissed with each party bearing their own costs.

Key legal issues

#
01

Whether the termination was unfair

Holding

The court did not make a definitive finding on unfairness; the suit failed on proof and remedies

Reasoning

The court noted the Claimant sought an untenable reinstatement remedy, having been dismissed in 2014 five years earlier, and ought to have sought compensation. It further found the Claimant did not particularise or quantify his claim or produce documents showing earnings, so his claim remained unproven on a balance of probabilities. The suit was therefore dismissed.

p. 3
02

Whether the Claimant proved his claim for damages

Holding

No - the claim was not particularised, quantified or evidenced

Reasoning

The court observed that the Claimant sought general damages and emoluments/contingencies at 15% but did not particularise or quantify the claim or produce documentation showing what he earned. Without such proof, the claim could not be sustained on a balance of probabilities.

p. 3

Legal principles established

#
  • A claimant who fails to particularise, quantify or prove his claim does not discharge the burden of proof on a balance of probabilities

Court orders

#
  1. 1.Suit dismissed
  2. 2.Each party to bear their own costs

Authorities

#

Legislation

  • Employment ActSection 44(4)(g)
  • Employment ActSection 12(3)(vii)
  • Employment ActSection 49
  • Evidence ActSection 108

Cases cited (2)

  • Kenya Power & Lighting Company Limited v Aggrey Lukorito Wasike
    [2017] eKLR
  • George Onyango Akuti v G4S Security Services Kenya Ltd
    [2013] eKLR
Jurisdiction invoked
Employment and Labour Relations Court jurisdiction under the Employment Act (reinstatement under Section 12(3)(vii) and remedies under Section 49 invoked in submissions)

Key timeline

#

Practical implications

#

Frequently asked questions

#

Cite this brief

#

Cite this brief

Caselaw, "John Maina Mathaiya v Telkom Kenya Limited [2019] KEELRC 530 (KLR)", Case Analysis (2019). . Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2019/530/eng@2019-10-28

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