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ELRCDismissedStatement of Claim dated 11th December, 2020· [2021] KEELRC 1323 (KLR)

Richard Maina Gitari v Registered Trustees Kenya Assemblies of God (KAG General Superintendent) & 5 others [2021] KEELRC 1323 (KLR)

Employment and Labour Relations Court
30 June 2021
1,873 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~7 min to read original · ~4 min brief

The bottom line

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A pastor suing his church for unfair dismissal lost because he could not prove an employment relationship existed in the first place.

What this practically means

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Executive summary

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The claimant, a reverend who served the Kenya Assemblies of God Church from 1999 and was stationed at Kagio KAG Church from 2012, sued claiming that on 23rd August 2020 the 3rd respondent Bishop, acting on instructions of the 2nd respondent, took over the church and barred him from conducting services for three months, without reasons or a hearing, in the presence of police officers and a radio reporter. He sought damages of over Kshs.85 million for unlawful termination, loss of earnings, denial of fair hearing, harassment, terminal benefits, ill health, hospitalization and the cost of leasing a plot and building an alternative church. The respondents denied the claim, asserting no employment existed — pastors were supported by tithes and offerings subject to availability under the church constitution — that the claimant handed over voluntarily, left of his own volition and refused to attend a meeting arranged to resolve the dispute. The parties agreed to determine the matter by written submissions. The court framed four issues and found that the claimant failed to demonstrate employment, let alone its termination, as his witness statements and documents did not evidence the claim and no contract or proof of salary was produced. Consequently, the court declined to inquire into the fairness of any termination and held the claimant disentitled to all relief. The claim was dismissed with each party bearing their own costs.

Key legal issues

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01

Existence of employment and termination

Holding

No employment or termination was proved; the claimant produced no contract or evidence of salary from the 1st respondent

Reasoning

The court found the claimant's evidence — witness statements and documents — did not establish employment. The respondents showed pastors were supported from tithes and offerings per the church constitution, subject to availability, and that the claimant left of his own volition and refused to attend a meeting arranged to resolve the dispute. Accordingly the foundational issue failed and the claim was dismissed.

p. 4
02

Wrongfulness/unfairness of alleged termination

Holding

Ineligible for determination since no termination existed

Reasoning

The court declined to examine the legitimacy of the conduct complained of because the threshold factual predicate — a termination of employment — was not established. Issue two therefore fell away without any finding on fairness or procedure.

p. 4
03

Entitlement to relief

Holding

Claimant disentitled to all relief sought

Reasoning

Since the claimant failed to prove employment and termination, all heads of damages — termination damages, loss of earnings, denial of fair hearing, harassment, terminal benefits, health damages and cost of an alternative church — fell away, and the suit was dismissed with each party bearing own costs.

p. 4

Legal principles established

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  • A claimant alleging unlawful termination must first demonstrate, through evidence, the existence of an employment relationship and its termination

Court orders

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

Authorities

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Legislation

  • Respondent's constitution (Kenya Assemblies of God Church Constitution)Sections 2 and 6
Jurisdiction invoked
Employment and Labour Relations Court jurisdiction over employment dispute

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 Maina Gitari v Registered Trustees Kenya Assemblies of God (KAG General Superintendent) & 5 others [2021] KEELRC 1323 (KLR)", Case Analysis (2021). Statement of Claim dated 11th December, 2020. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2021/1323/eng@2021-06-30

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