Jacob Alemu Zewde v Sauti Moja Marsabit & another [2021] KEELRC 1580 (KLR)
The bottom line
#A Kenyan employment court ruled that an employer's legal structure, even an unincorporated community organization, cannot stop an employee's claim.
What this practically means
#Executive summary
#Key legal issues
#Capacity of an unincorporated entity to be sued in an employment claim
The preliminary objection fails; the employer's legal structure should not defeat an employee's claim
The court accepted the Claimant's authorities holding that the term 'Employer' under Section 2 of the Employment Act, 2007 is broadly worded to prevent employees being denied industrial justice through complex business forms. The Claimant exhibited a certificate of registration of the Respondent, and the authorities established a valid employment contract inter partes. The objection on capacity was therefore rejected.
Whether the defect, if any, is cured by Article 159(2)(d) of the Constitution
Implicitly, the objection on capacity was not sustainable and the claim was permitted to proceed notwithstanding the objection grounded on capacity
The Respondent argued that Article 159(2)(d) could not cure a defect of capacity. The court did not rule on Article 159(2)(d) directly, but found the Claimant's authorities substantiated an employment relationship and dismissed the preliminary objection, allowing the parties to litigate the claim expeditiously.
Legal principles established
#- An employee need not establish the precise legal or business form of the employer's entity; it is sufficient to show employment by the employer's business
Court orders
#- 1.The preliminary objection dated 18th May 2021 is dismissed
- 2.The parties be and are at liberty to expeditiously litigate their cases to fruition
- Jurisdiction invoked
- Employment and Labour Relations Court, Employment Act, 2007
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Jacob Alemu Zewde v Sauti Moja Marsabit & another [2021] KEELRC 1580 (KLR)", Case Analysis (2021). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2021/1580/eng@2021-06-16
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.