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ELRCDismissedCause No E003 of 2021· [2023] KEELRC 41 (KLR)

Wamalwa v Ministry of Agriculture, Livestock & Fisheries & 2 others (Cause E003 of 2021) [2023] KEELRC 41 (KLR)

Employment and Labour Relations Court
20 January 2023
AJAbuodha Nelson Jorum
821 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 dismissed a salary claim against a public body, ruling an undefended case still needs credible proof of employment.

What this practically means

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Executive summary

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The claimant filed a memorandum of claim on October 1, 2021 alleging that on May 15, 2014 he was employed by the 1st respondent as a Climate Change Adaptation Expert in Kapenguria, West Pokot County, following a vacancy advertisement and an interview. He alleged that Mary Maingi, National Climate Change Expert, verbally communicated his successful recruitment and deployed him to the Kenya Agricultural Productivity and Agribusiness Project (KAPAP) without any letter of appointment. He claimed he worked from May 15, 2014 to date without salary, receiving only allowances, and sought unpaid salary, a letter of appointment, and assignment to an appropriate job group. Though served, the respondent entered no appearance and filed no response, and the matter proceeded ex parte on July 26, 2022. In evidence, the claimant described reporting to a boss in Mombasa, signing schedules, receiving allowances (including payment for seven days when he had stayed only three), and never being told his job group. The court observed that the scenario 'sounds to the court more like a fairy tale'. Taking judicial notice of public service appointment procedures and the fact that public servants' salaries are drawn from public funds, the court held that a public body is bound by laws and regulations governing public bodies, and found no credibility in the claim even though the respondent never responded. The claim was dismissed with no order as to costs.

Key legal issues

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01

Whether the claimant established employment by the 1st respondent without an appointment letter

Holding

The court found no credibility in the claimant's claim and dismissed it

Reasoning

The claimant alleged he was appointed verbally and worked from May 2014 without any appointment letter, job group, or salary, receiving only allowances. The court took judicial notice of how public service appointments are made and that public salaries are drawn from public funds. Given that the respondent is a public body bound by governing laws and regulations, the unexplained absence of an appointment letter, job group and salary for years rendered the claim implausible despite the respondent's non-participation.

p. 2
02

Whether a claim may succeed merely because it is undefended

Holding

No - the court must still be satisfied of the claim's credibility

Reasoning

The matter proceeded ex parte on July 26, 2022 after the respondent, though served, showed no interest. Nonetheless, the court held that even where a respondent never responds to a claim, a claimant must still establish a credible case. Judicial notice of public service appointment procedures and the source of public servants' salaries led the court to disbelieve the claimant's account.

p. 2

Legal principles established

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  • A public body is bound by laws and regulations governing public bodies, and appointments to public service must comply with those procedures; a claim of employment with a public body cannot be sustained where it lacks credibility even when undefended.

Court orders

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  1. 1.The claim is found without merit and is dismissed
  2. 2.No order as to costs
Jurisdiction invoked
Employment and labour relations jurisdiction of the ELRC (memorandum of claim alleging non-payment of salary by a public body); no specific provision cited 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, "Wamalwa v Ministry of Agriculture, Livestock & Fisheries & 2 others (Cause E003 of 2021) [2023] KEELRC 41 (KLR)", Case Analysis (2023). Cause No E003 of 2021. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2023/41/eng@2023-01-20

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