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ELRCDismissedELRC Cause Number 62 of 2016 (lead file; 16 consolidated causes)· [2023] KEELRC 2313 (KLR)

Gikama & 15 others v County Government of Laikipia & 2 others (Cause 62 & 46-71 of 2016 (Consolidated)) [2023] KEELRC 2313 (KLR)

Employment and Labour Relations Court
3 October 2023
3,357 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~13 min to read original · ~4 min brief

The bottom line

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The Employment Court dismissed 17 casual workers' claims against Laikipia County because they could not prove years of continuous service beyond short three-month contracts.

What this practically means

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Executive summary

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Sixteen consolidated claims (lead file ELRC Cause 62 of 2016) were brought by former casual workers of the defunct Municipal Council of Nyahururu, later absorbed by the County Government of Laikipia's Public Health department, claiming salary arrears, allowances and conversion of their employment to permanent and pensionable terms. The claimants alleged periodic three-month contracts renewed continuously over periods of 3 to 12 years, monthly pay without payslips, and denial of house allowance and leave, and that the respondent refused them work and payment from 1 January 2017. The respondent denied ever employing them, asserting they served the defunct Laikipia Town Council on casual terms, that engagements were intermittent periods of less than three months paid daily wages, and that no allowances were due to casuals. The claimants relied on authorities holding that casual employment exceeding three months converts under section 37 of the Employment Act; the respondent argued contracts were under three months and that no bank statements or contracts proved continuous monthly employment. The court found that only isolated three-month contracts were produced, with no evidence of engagement beyond those periods despite claims of up to 12 years' service; that the claimants bore the onus of proving length of service; that consolidated contractual pay precluded house allowance claims; that leave entitlement under section 28 required over a year's continuous service; and that reinstatement was time-barred under section 12(3)(vii) of the ELRC Act. The claims were dismissed with no order of costs.

Key legal issues

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01

Whether the claimants' casual employment converted to permanent and pensionable terms under section 37 of the Employment Act

Holding

No - the claimants failed to prove continuous service beyond isolated three-month contracts; only a few contracts were produced and none showed engagement beyond three months

Reasoning

The court found the claimants produced only isolated three-month contract letters, with no documents showing engagement beyond the stated periods. Despite claiming up to 12 years of service, they failed to substantiate this. The claimant bears the onus of proving length of service, and even where records lie with the employer, the claimants should have sought their production. The claim fell below the evidentiary threshold.

p. 6
02

Whether claimants were entitled to house allowance and leave

Holding

No - the claimants signed contracts indicating the payable amounts and cannot renege to claim allowances; consolidated pay covered statutory allowances under section 31(2) of the Employment Act

Reasoning

The short-term contracts displayed the amounts payable and the claimants signed in agreement. Having accepted consolidated pay, they could not later claim house allowances. As for leave, intermittent engagements of less than three months did not meet section 28's requirement of continuous service exceeding a year.

p. 6
03

Whether reinstatement or conversion to permanent terms could be ordered

Holding

No - reinstatement is time-barred under section 12(3)(vii) of the ELRC Act and no employment relationship was proved as at the date of suit

Reasoning

The court found that from 2017 to the date of judgment, more than three years had elapsed, rendering reinstatement untenable under section 12(3)(vii) of the ELRC Act. Further, since the claimants did not prove employment with the respondent, there was no basis for reinstatement or conversion of terms.

p. 7

Legal principles established

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  • The claimant bears the onus of proving the length of employment claimed, including producing records evidencing continuous engagement beyond the pleaded short contracts

Court orders

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  1. 1.The claim is dismissed with no order of costs

Authorities

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Legislation

  • Employment Actsections 28, 31(2), 35, 37
  • Employment and Labour Relations Court Actsection 12(3)(vii)
  • Constitution of Kenya, 2010Articles 27, 28, 41, 232

Cases cited (7)

  • Patrick Kariithi Wahome & 114 Others v County Government of Laikipia & Another; Transitional Authority and another (Interested parties)
    [2021] eKLR
  • Timothy Omollo & 79 Others v Kakamega County Government and another
    [2013] eKLR
  • Empire Feeds Ltd v Kingou
    (Appeal 6 of 2020) [2022] KEELRC 1501 KLR
  • Nanyuki Water and Sewerage Company Limited v Benson Mwiti Ntiritu & 4 others
    [2018] eKLR
  • Kenya County Government Workers Union Bungoma County Branch v Bungoma County Public Service Board & Another
    [2020] eKLR
  • Kalya Soi Farmers Cooperatives Society v Paul Kirui & Another
    [2013] eKLR
  • Eric V.J. Makokha & 4 Others v Lawrence Sagini & 2 Others, Civil Application No.20 of 1994 (12/94 UR)
Jurisdiction invoked
Employment and Labour Relations Court jurisdiction under the Employment and Labour Relations Court Act, section 12

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, "Gikama & 15 others v County Government of Laikipia & 2 others (Cause 62 & 46-71 of 2016 (Consolidated)) [2023] KEELRC 2313 (KLR)", Case Analysis (2023). ELRC Cause Number 62 of 2016 (lead file; 16 consolidated causes). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2023/2313/eng@2023-10-03

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