Okeyo v Highway Centre Limited (Appeal O40 of 2021) [2024] KEELRC 458 (KLR)
The bottom line
#Kenya's Employment Court dismissed an ex-employee's appeal because he signed for his terminal dues and offered no evidence to back overtime and leave claims.
What this practically means
#Executive summary
#Key legal issues
#Whether the trial magistrate erred in dismissing the claimant's suit for damages, unpaid salary, severance pay, leave and overtime
The appeal was dismissed; the trial magistrate's findings that the claimant was adequately compensated and signed acknowledgment of terminal dues on redundancy, and that the suit was an afterthought, were upheld
The court found that the trial magistrate analysed the parties' cases and concluded the claimant was adequately compensated and acknowledged his terminal dues on redundancy, which was the bone of contention and prayer in the claim. The claimant also failed to adduce evidence supporting the overtime and leave claims, which was his onus. The court found no balances or omissions in the award of the lower court and dismissed the appeal.
Whether the claimant proved allegations of overtime and accumulated leave days
The claimant failed to table evidence to support claims of overtime and leave; the burden was on him as the party alleging
The respondent argued, and the court accepted, that no evidence was tabled to support allegations that the claimant never went on leave for four years and worked seven days a week from 8.00 am to 9.00 pm including Sundays and holidays. Such presumptuous allegations were not proved, contrary to the principle that he who alleges must prove.
Whether the suit was an afterthought for being filed one year after termination
The Appellant's challenge to this finding was rejected; the trial magistrate's holding on delay stood
The Appellant faulted the learned magistrate's findings that the suit was an afterthought for being brought one year down the line of termination, but the appellate court did not disturb that finding and instead found the dismissal of the claim properly grounded in the claimant's acknowledgment of terminal dues.
Legal principles established
#- It is the duty of the employer to keep employment records including leave records
- A party who alleges must prove - the burden of proving overtime and leave claims lies on the claimant
- In a first appeal the court re-evaluates the entire case and comes up with its own findings
Court orders
#- 1.The appeal is dismissed
- 2.Each party to bear their own costs of the appeal
- On appeal from
- Milimani Chief Magistrate's Court (ELRC)
- CM ELRC CC No. 1043 of 2020
- Jurisdiction invoked
- First appeal to the Employment and Labour Relations Court against a subordinate court decree (statutory first appeal)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Okeyo v Highway Centre Limited (Appeal O40 of 2021) [2024] KEELRC 458 (KLR)", Case Analysis (2024). Appeal from Milimani CM ELRC CC No. 1043 of 2020. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2024/458/eng@2024-02-21
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.