Owiti v C & A Security Services (Cause 2402 of 2016) [2022] KEELRC 4104 (KLR)
The bottom line
#What this practically means
#Executive summary
#Key legal issues
#Whether an employment relationship was proved
The employment relationship was not proved; the contract produced was blank and no other documents linked the claimant to the respondent
The claimant bore the burden under sections 107 and 108 of the Evidence Act and section 47(5) of the Employment Act. The exhibited contract bore no particulars specific to the claimant, and he exhibited no resignation letter or other corroborating documents and called no co-worker. He merely asserted employment, so the nexus to the respondent was not established on a balance of probabilities.
Whether the claimant was entitled to the reliefs sought
Not entitled; the foundation for the award was unfounded
Having found no employment relationship, the court held it was not logical to assess the reliefs of Kshs 200,894.20 for underpaid salary, house allowance, leave, rest days and overtime, since such dues accrue only where an employment relationship exists.
Legal principles established
#- The employee bears the burden of proving the fact of termination and, prior to that, the existence of an employment relationship
- Proving the employment relationship is the backbone of an employee's case and a precondition for awarding reliefs
Court orders
#- 1.The claim is dismissed in its entirety
- 2.No order as to costs
- Jurisdiction invoked
- Employment and Labour Relations Court jurisdiction over employment disputes (memorandum of claim under the Employment Act)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Owiti v C & A Security Services (Cause 2402 of 2016) [2022] KEELRC 4104 (KLR)", Case Analysis (2022). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2022/4104/eng@2022-09-30
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.