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ELRCDismissedMemorandum of Claim dated 24th June 2016, filed 26th September 2016· [2022] KEELRC 720 (KLR)

Emmanuel Amolo Owuor v Matthias Mulumba Major Seminary & 2 others [2022] KEELRC 720 (KLR)

Employment and Labour Relations Court
24 February 2022
LNLinnet Ndolo
942 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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Kenya's Employment Court ruled a Catholic priest paid an allowance, not a salary, was not a seminary employee, so his claims collapsed.

What this practically means

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Executive summary

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The Claimant, a Catholic priest in the Archdiocese of Kisumu, claimed he was employed as a Lecturer at St. Matthias Mulumba Major Seminary, Tindinyo at a monthly salary of Kshs. 100,000, and that his services were terminated without notice in 2015. He sought general damages for infringement of fundamental rights, unpaid arrears of Kshs. 6,000,000, a refund of Kshs. 81,224 for supplies, Kshs. 144,000 for internet costs, a certificate of service, costs and interest. The Respondents denied an employment relationship, asserting the Claimant was a priest governed by Canon Law who received a monthly allowance (initially Kshs. 10,000, later Kshs. 15,000) and was merely released from seminary duties for poor performance and insubordination. The Claimant testified; the Respondents called no witness. Framing the sole issue as whether an employment relationship existed, the court held that the appointment letter showed the appointment was dependent on the Claimant's status as a Priest Theologian, that he was paid an allowance rather than a salary, and that he continued conducting Masses and drawing allowances while remaining a priest of the Archdiocese. Applying the persuasive South African decision in Universal Church of the Kingdom of God v Myeni, where a pastor on a stipend was held not to be an employee, the court found the teaching appointment created no employment relationship with the Seminary. The entire claim was dismissed with each party bearing their own costs.

Key legal issues

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01

Whether there was an employment relationship between the Claimant and the Respondents

Holding

No employment relationship existed; the Claimant was a priest on allowance whose teaching appointment was dependent on his priestly status

Reasoning

The court relied on the statutory definition of an employee as a person employed for wages or salary. The Claimant's appointment letter showed his appointment was dependent on his being a Priest Theologian, he was paid an allowance rather than a salary, he continued conducting Masses and drawing allowances, and he remained a priest of the Archdiocese. Following the persuasive South African authority in Universal Church of the Kingdom of God v Myeni, a pastor earning a stipend allowance cannot claim an employment relationship with the church. The entire claim therefore collapsed.

p. 3

Legal principles established

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  • An employment relationship must be evidenced by either an implied or express contract of employment; remuneration in the form of a stipend or allowance may not create one
  • Where a priest's teaching appointment is dependent upon his status as a Priest Theologian and he remains a priest of the Archdiocese, the teaching appointment does not create an employment relationship with the seminary

Court orders

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

Authorities

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Legislation

  • Employment ActSection 2 (definition of employee)

Cases cited (1)

  • Universal Church of the Kingdom of God v Myeni, Mxolisi Justice & 2 others
    ZALAC/2015/31
Jurisdiction invoked
Employment and Labour Relations Court jurisdiction under the Employment Act (claim for unlawful and unfair termination of employment)

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, "Emmanuel Amolo Owuor v Matthias Mulumba Major Seminary & 2 others [2022] KEELRC 720 (KLR)", Case Analysis (2022). Memorandum of Claim dated 24th June 2016, filed 26th September 2016. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2022/720/eng@2022-02-24

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