Oranga v Prime Steel Mills Limited (Cause 785 of 2016) [2022] KEELRC 1357 (KLR)
The bottom line
#A Kenyan worker lost his unfair dismissal claim because he couldn't prove who dismissed him or that the company was his actual employer.
What this practically means
#Executive summary
#Key legal issues
#Whether the Claimant was an employee of the Respondent and for what period
The Claimant was an employee of the Respondent only from June 2014 to June 2015, as evidenced by the NSSF contributions; there was no evidence of employment from 2012 or after June 2015
The Claimant alleged employment from 26th December 2012 but produced only an illegible NSSF statement showing contributions from June 2014 to May/June 2015. His name appeared on the payslips and attendance sheets of Jokali Handling Services, a sub-contracted labour provider, which he could not explain. The court found no evidence of employment before 1st June 2014 or after 30th June 2015.
Whether the termination of the Claimant's employment was unfair
The Claimant failed to prove that he was dismissed; the claim of a notice board list was unsupported by any evidence
The Claimant alleged that on 2nd October 2015 he was told that those whose names were not on the notice board should not report to work. He led no evidence of the contents of the notice board, who directed him to it, or which officer of the Respondent communicated the information. Under Sections 47(5) of the Employment Act and 107 and 108 of the Evidence Act, the burden rested on him and was not discharged.
Whether the Claimant was entitled to the reliefs sought
Having failed to establish unlawful termination, the Claimant was not entitled to any of the reliefs prayed for
All the reliefs - declaration of unlawful dismissal, severance pay, pay in lieu of notice, overtime, pay in lieu of leave, 12 months' salary and Certificate of Service - were premised on a finding of unfair termination. That finding having failed, the claim was dismissed in its entirety with each party bearing their own costs.
Legal principles established
#- The burden of proving unfair termination or wrongful dismissal rests on the employee, while the burden of justifying the grounds for termination rests on the employer
- The burden of proof in a suit lies on the person who would fail if no evidence were given on either side
Court orders
#- 1.Dismissal of the Claimant's claim
- 2.Each party to bear their own costs
- Jurisdiction invoked
- Employment and Labour Relations Court jurisdiction under the Employment Act, 2007
Key timeline
#Practical implications
#Frequently asked questions
#Later judgments citing this (1)
#Judgments in the corpus that rely on this one. Where the Court said how it treated the authority, that is shown.
- Nyongesa v Maseno University (Cause E006 of 2025) [2025] KEELRC 2246 (KLR)[2025] KEELRC 2246 (KLR)29 Jul 2025
Cite this brief
#Cite this brief
Caselaw, "Oranga v Prime Steel Mills Limited (Cause 785 of 2016) [2022] KEELRC 1357 (KLR)", Case Analysis (2022). Statement of Claim dated 16th February 2016, filed 6th May 2016 (Employment and Labour Relations Court, Nairobi). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2022/1357/eng@2022-05-12
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.