George Oindo Achieng v Agri Quest Limited [2020] KEELRC 1303 (KLR)
The bottom line
#What this practically means
#Executive summary
#Key legal issues
#Proof of the contract of service
The claimant failed to establish the alleged contract of service; the letter of appointment was at variance with the pleadings
The pleaded employment (01.06.2016 as Technical Services Manager and Head of Laboratory Services) contradicted the letter of appointment dated 01.10.2015 for the position of Head Environment Analysis. The court found the appointment letter at variance with the pleadings and held the claimant failed to establish the alleged contract on a balance of probability.
Pleading and proof of salary arrears
The claim was dismissed for failure to particularise and prove the salary arrears claimed
The months and amounts for alleged partial or non-payment of salary were neither pleaded nor evidenced. No computation or breakdown of the claimed Kshs.591,408.00 was provided. The court held that particulars of salary arrears must be pleaded and strictly proved.
Legal principles established
#- A claimant must plead the particulars of salary arrears and strictly prove them, including a computation or breakdown of amounts claimed
- Claims are determined on a balance of probability
Court orders
#- 1.Judgment entered for the respondent against the claimant for the dismissal of the statement of claim
- 2.No orders on costs
- Jurisdiction invoked
- Employment and Labour Relations Court jurisdiction over employment and labour relations claims
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "George Oindo Achieng v Agri Quest Limited [2020] KEELRC 1303 (KLR)", Case Analysis (2020). . Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2020/1303/eng@2020-04-09
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.