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ELRCDismissedNot stated in the judgment· [2020] KEELRC 605 (KLR)

Richard Kamuti Nyamai v Capital Reef (K) Limited [2020] KEELRC 605 (KLR)

Employment and Labour Relations Court
27 July 2020
LNLINNET NDOLO
857 words in judgment
View original judgmentRead on Kenya Law Watch case
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·~3 min to read original · ~4 min brief

The bottom line

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The Employment Court in Mombasa dismissed a worker's entire unfair termination claim because he could not prove he was actually employed by the company he sued.

What this practically means

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Executive summary

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The Claimant, who said he worked for the Respondent from 18 December 1994 (amended in testimony to 2004) until 8 August 2014, first as a loader and later as a general clerk, alleged that his employment was unlawfully terminated after he sustained occupational injuries on 5 August 2014, and that the termination was precipitated by suspicion he would sue for the injuries. He sought notice pay, house allowance, leave underpayment, service pay, twelve months' compensation for unfair termination, accumulated overtime, punitive damages, reinstatement or re-engagement, a certificate of service, costs and interest. The Respondent denied ever employing the Claimant, averring that it contracted labour services on a need basis through Ramadhani Walakonya and Ali Salim as independent contractors, and challenged the Court's jurisdiction. The court framed the first issue as whether an employment relationship existed. It found the Claimant's account prevaricated on the effective date of employment without explanation, that he failed to call independent evidence to prove employment in a highly contested matter, and that his own testimony about the 'sogi' recruitment system through independent contractors undermined his claim. The court held that the Claimant failed to prove he was an employee of the Respondent, so the claim, premised on that relationship, collapsed. The suit was dismissed with each party bearing their own costs. Judgment was delivered via Microsoft Teams owing to COVID-19 restrictions.

Key legal issues

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01

Whether there existed an employment relationship between the Claimant and the Respondent

Holding

The Claimant failed to prove that he was an employee of the Respondent; the employment relationship was not established

Reasoning

The Claimant pleaded employment from 18 December 1994 but in court changed the effective date to 2004 and said he was a casual from 2001 to 2013, with no explanation for the contradictions. The relationship was highly contested, so independent evidence was required; none was called. The Claimant's own testimony about the 'sogi' system, where workers were recruited by Ramadhani Walakonya and Ali Salim as independent contractors, undermined his assertion of direct employment.

p. 2

Legal principles established

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  • Where the existence of an employment relationship is highly contested, the claimant ought to call independent evidence to support the assertion of employment; prevarication on the effective date of employment renders the case doubtful

Court orders

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  1. 1.The claim is dismissed
  2. 2.Each party to bear their own costs

Authorities

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Legislation

  • Retirement Benefits ActNot specified
Jurisdiction invoked
Jurisdiction as the Employment and Labour Relations Court (the Respondent argued the Court lacked jurisdiction to entertain the claim)

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, "Richard Kamuti Nyamai v Capital Reef (K) Limited [2020] KEELRC 605 (KLR)", Case Analysis (2020). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2020/605/eng@2020-07-27

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