Richard Maina Gitari v Registered Trustees Kenya Assemblies of God (KAG General Superintendent) & 5 others [2021] KEELRC 1323 (KLR)
The bottom line
#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
#Executive summary
#Key legal issues
#Existence of employment and termination
No employment or termination was proved; the claimant produced no contract or evidence of salary from the 1st respondent
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.
Wrongfulness/unfairness of alleged termination
Ineligible for determination since no termination existed
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.
Entitlement to relief
Claimant disentitled to all relief sought
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.
Legal principles established
#- A claimant alleging unlawful termination must first demonstrate, through evidence, the existence of an employment relationship and its termination
Court orders
#- 1.The claim is dismissed
- 2.Each party to bear their own costs of the claim
- Jurisdiction invoked
- Employment and Labour Relations Court jurisdiction over employment dispute
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#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.