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ELRCDismissedMemorandum of Claim dated 21st July 2017 (ELRC, Malindi)· [2019] KEELRC 1584 (KLR)
Kiboni Kazungu & 2 others v Riziki Enterprises [2019] KEELRC 1584 (KLR)
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·~3 min to read original · ~4 min briefThe bottom line
#Three masons lost their employment case because they couldn't prove they worked for the company they sued.
What this practically means
#Executive summary
#Three claimants, all masons, sued Riziki Enterprises for unlawful termination and unpaid dues, including notice pay, NSSF and NHIF contributions, house, travelling and lunch allowances, leave allowance, service fees, underpayment and damages for unfair dismissal. They claimed they were verbally employed in 2013 and 2014 at a weekly salary of Kshs. 3,350, later increased for two of them, and that their employment was terminated in 2015 and 2016 without just cause or due procedure. The Respondent denied ever employing the Claimants, asserting it was a stranger to them. Its Managing Director, Gillaume Joannes Rene De Leeuw, testified that the Claimants were casual employees of Philip Masudi, an independent contractor, whom the Claimants themselves described as their supervisor. The Claimants testified they were verbally employed by a Netherlands national identified in testimony as Jerome Jones, said to be a manager of the Respondent. The Court framed three issues: existence of an employment relationship, unlawful termination, and entitlement to remedies. Holding that the establishment of an employment relationship is a necessary threshold in employment adjudication, the Court found the Claimants had failed, in both pleadings and testimony, to demonstrate any employment relationship with the Respondent. The entire claim was accordingly dismissed on 13th May 2019, with each party bearing its own costs.
Key legal issues
#01
Whether an employment relationship existed between the Claimants and the Respondent
Holding
No employment relationship was established; the claim fails and is dismissed
Reasoning
The Claimants claimed they were verbally employed by a Netherlands national, identified in testimony as Jerome Jones, said to be a manager of the Respondent. The Respondent's Managing Director stated the Claimants were casual employees of Philip Masudi, an independent contractor. The Claimants themselves described Masudi as their supervisor. The Court found the Claimants failed to show any employment relationship with the Respondent.
p. 3
Legal principles established
#- An employment claim must first establish the existence of an employment relationship before remedies can be considered
Court orders
#- 1.The entire claim is dismissed
- 2.Each party will bear their own costs
- Jurisdiction invoked
- Employment and Labour Relations Court jurisdiction over employment and labour relations disputes
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kiboni Kazungu & 2 others v Riziki Enterprises [2019] KEELRC 1584 (KLR)", Case Analysis (2019). Memorandum of Claim dated 21st July 2017 (ELRC, Malindi). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2019/1584/eng@2019-05-13
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.