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ELRCDismissedCause No 1244 of 2015· [2022] KEELRC 369 (KLR)

Mohammed Aden Mohamud v Care International in Kenya [2022] KEELRC 369 (KLR)

Employment and Labour Relations Court
31 March 2022
LNLINNET NDOLO
1,178 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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A Kenyan court dismissed an NGO worker's entire claim for pay arrears because he fraudulently posed as a refugee to get the job.

What this practically means

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Executive summary

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The Claimant, Mohammed Aden Mohamud, sued Care International in Kenya alleging discrimination in employment, unfair labour practices, unfair remuneration, non-payment of incentive arrears and reduced terminal dues. He claimed he was employed as a Loader in 2003 but paid on refugee rates for seven years, only being engaged as a Kenyan National Staff in 2010 at Kshs. 8,000 monthly. He sought general damages, Kshs. 6,489,360 in arrears and incentives, Kshs. 200,000 for an injury suffered in 2012, and unpaid half salary. The Respondent defended the claim, stating the Claimant presented himself as a refugee using a fake UNHCR registration card and was engaged under a Refugee Assistance Program governed by UNHCR terms, only later applying undetected as a National Loader. It pleaded fraud and contended the claim was tainted with illegality, and that the termination on redundancy was lawful. The court found the Claimant's testimony contradictory and of no probative value, and concluded he had cheated his way into employment as a refugee while being a Kenyan National. Applying the clean hands doctrine, the court held the Claimant's hands were soiled by the initial fraud and perjured testimony, and dismissed the entire claim, with each party bearing their own costs. Judgment was delivered virtually at Nairobi on 31st March 2022 by Linnet Ndolo, Judge.

Key legal issues

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01

Fraud and illegality in employment claim

Holding

The Claimant fraudulently presented himself as a refugee to obtain employment, tainting his entire claim with illegality

Reasoning

The Claimant's testimony was contradictory and of no probative value. He failed to complain about his employment status while in employment. The court concluded he cheated his way into employment under the Refugee Assistance Program, and his hands were soiled both by the initial fraud and by perjured testimony, invoking the clean hands doctrine to dismiss the entire claim.

p. 3
02

Discrimination in employment and unfair remuneration

Holding

Discrimination claim fails as the disparity in pay arose from the Claimant's own fraud, not the Respondent's unlawful conduct

Reasoning

The Respondent engaged the Claimant under a UNHCR Refugee Assistance Program based on the Harmonization Policy for refugees. The Claimant presented a fake UNHCR registration card and later applied as National Staff undetected. The court found no basis to hold the Respondent liable for discrimination since the Claimant's own deception created the dual status.

p. 2

Legal principles established

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  • A claim founded on a party's own unlawful conduct will fail under the clean hands doctrine

Court orders

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  1. 1.The Claimant's entire claim is dismissed
  2. 2.Each party to bear their own costs

Authorities

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Cases cited (1)

  • Arthur Njuguna Karogi v National Government Constituencies Development Fund Board
    [2018] eKLR
Jurisdiction invoked
Employment and Labour Relations Court jurisdiction (court not stated in the judgment)

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, "Mohammed Aden Mohamud v Care International in Kenya [2022] KEELRC 369 (KLR)", Case Analysis (2022). Cause No 1244 of 2015. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2022/369/eng@2022-03-31

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