Omutsani v Great Lakes University of Kisumu (Cause E071 of 2021) [2023] KEELRC 744 (KLR)
The bottom line
#Kenya's Employment Court ruled that a job appointment issued by someone without hiring authority creates no valid employment relationship, so the dismissed manager got nothing.
What this practically means
#Executive summary
#Key legal issues
#Whether an employment relationship existed between the claimant and the respondent
No employment relationship was established; the appointment was made by a dismissed Vice-Chancellor without authority, and the claimant knew this.
The claimant produced an appointment letter but admitted knowing there was no vacancy, that management wrangles existed, and that the person who hired him had no authority. The court held an unprocedural appointment is invalid and that the law does not aid a volunteer. The claimant also failed to prove termination, not producing any termination letter.
Whether the claimant was unfairly terminated and entitled to reliefs
The claim of unfair termination failed and all reliefs were refused as moot.
Since no valid employment relationship was found, there could be no unfair termination. The claims for unpaid salaries and compensation were rendered moot, and the Memorandum of Claim was dismissed in its entirety.
Legal principles established
#- An appointment issued unprocedurally by a person without authority does not create a valid employment relationship.
- A claimant must first establish the existence of an employment relationship before claiming unfair termination.
- The burden lies on the party alleging employment to prove it on a balance of probability.
Court orders
#- 1.The Claimant's Memorandum of Claim dated October 19, 2021 is dismissed.
- 2.The claimant's claim is dismissed in its entirety with no order on costs.
- Jurisdiction invoked
- Employment and Labour Relations Court jurisdiction under the Employment Act 2007 and the Constitution of Kenya 2010 (fair labour practices)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Omutsani v Great Lakes University of Kisumu (Cause E071 of 2021) [2023] KEELRC 744 (KLR)", Case Analysis (2023). Claim dated October 19, 2021 (Kisumu Employment and Labour Relations Court). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2023/744/eng@2023-03-28
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.