Linus Songwa Musamali v Bamco Construction Company [2020] KEELRC 1933 (KLR)
The bottom line
#Kenya's Employment Court ruled that a construction worker hired through a labour subcontractor must sue the subcontractor, not the main contractor, for unfair termination.
What this practically means
#Executive summary
#Key legal issues
#Existence of an employment relationship between claimant and respondent
No employment relationship was established; the claimant failed to prove he was the respondent's employee
The claimant produced no letter of appointment or other proof of employment with the respondent. The respondent exhibited a labour outsourcing contract with Daniel Musila Mbayi, who testified and admitted employing the claimant as a casual labourer and paying workers through petty cash vouchers. The claimant denied signing the vouchers yet admitted being paid through them. On the evidence, the employer was the subcontractor.
Liability for alleged unfair termination in a labour outsourcing arrangement
Any claim for unfair termination lay against the outsourcing subcontractor, not the respondent contractor
The court recognised that labour outsourcing is common in the construction industry where work is project-based. The respondent reasonably demonstrated a written labour outsourcing contract with Mr. Mbayi, who came to court and testified to supplying labour. The claimant merely alleged an employment relationship with the respondent without substantiating it, so the proper defendant was the subcontractor.
Legal principles established
#- Where a contractor has a labour outsourcing contract with a subcontractor who supplied the labour, the subcontractor and not the contractor is the proper party liable to be sued by outsourced workers for unfair termination
Court orders
#- 1.The claim is dismissed with costs
- Jurisdiction invoked
- Employment and Labour Relations Court jurisdiction under the Employment and Labour Relations Court Act (established to hear employment and labour relations causes)
Key timeline
#Practical implications
#Frequently asked questions
#Later judgments citing this (3)
#Judgments in the corpus that rely on this one. Where the Court said how it treated the authority, that is shown.
- Rabdiya Construction Ltd v Abukuse (Appeal E196 of 2023) [2025] KEELRC 2509 (KLR)[2025] KEELRC 2509 (KLR)18 Sept 2025
- Masai Rolling Mills Limited v Ongaki & another (Appeal E155 of 2022) [2025] KEELRC 510 (KLR)[2025] KEELRC 510 (KLR)24 Feb 2025
- Kariuki v Widrups Groups Limited & another (Cause E710 of 2023) [2024] KEELRC 1832 (KLR)[2024] KEELRC 1832 (KLR)4 Jul 2024
Cite this brief
#Cite this brief
Caselaw, "Linus Songwa Musamali v Bamco Construction Company [2020] KEELRC 1933 (KLR)", Case Analysis (2020). Cause No 200 of 2017. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2020/1933/eng@2020-10-30
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.