John Odero Omondi Okongo v Christine Omuombo & 3 others (Sued in their capacity as) the Administrators of the Estate of the Late Tom O’ Omuombo) [2019] KEELRC 1004 (KLR)
The bottom line
#A Kenyan court dismissed a caretaker's Kshs 4.7 million unfair termination claim because he couldn't prove he was employed or unlawfully fired.
What this practically means
#Executive summary
#Key legal issues
#Whether an employment relationship was established between the Claimant and the Respondents
No employment relationship was established; the Respondents were sued as Administrators of the deceased's estate but no probate documents were produced to link them legally to the deceased or his obligations
The Respondents were sued solely in their capacity as Administrators of the Estate of Tom O'Omuombo. However, no probate or letters of administration were placed before the Court. Without such documents the Court could not find any legal connection between the deceased employer and the Respondents, and consequently there was no legal basis for passing the deceased's employment obligations to them.
Whether the Claimant proved unlawful and unfair termination of employment
The Claimant failed to discharge the burden of proof under Section 47(5) of the Employment Act; apart from his own word that termination was effected by sms, no evidence of unlawful or unfair termination was presented
Under Section 47(5) of the Employment Act, the burden of proving unlawful and unfair termination rests on the employee. The Claimant testified that his employment was terminated by Alpha Achieng by way of an sms text, but produced no other evidence. His unsupported word was insufficient to discharge the statutory burden, so the claim of unlawful termination failed.
Legal principles established
#- Section 47(5) of the Employment Act places the burden of proving unlawful and unfair termination of employment on the employee
- Obligations of a deceased employer cannot pass to purported administrators where no probate documents are produced to establish their status
Court orders
#- 1.The Claimant's entire claim is dismissed with no order for costs
- Jurisdiction invoked
- Employment and labour relations jurisdiction over a claim of unlawful termination of employment
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "John Odero Omondi Okongo v Christine Omuombo & 3 others (Sued in their capacity as) the Administrators of the Estate of the Late Tom O’ Omuombo) [2019] KEELRC 1004 (KLR)", Case Analysis (2019). Memorandum of Claim dated 14th April 2015, filed 15th April 2015. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2019/1004/eng@2019-07-26
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.