Chepkemoi v Maasai Mara University (Cause E001 of 2020) [2024] KEELRC 774 (KLR)
The bottom line
#Kenya's Employment Court confirmed a part-time lecturer can win unpaid wages without a written contract, because employers must keep and produce employment records.
What this practically means
#Executive summary
#Key legal issues
#Existence and terms of the employment contract
An oral contract of service existed between the claimant and the respondent as a part-time lecturer, proved on a balance of probabilities despite the absence of a written appointment letter.
Section 2 of the Employment Act defines a contract of service as an agreement whether oral or written, and Section 8 applies the Act to oral contracts. The claimant produced class and examination attendance lists, CAT records and timetables, corroborated by student witness statements. The respondent, as custodian of employment records, failed to produce any records to counter hers. Applying Section 119 of the Evidence Act, the court presumed the existence of the employment relationship.
Evidential value of the respondent's witness statement and unsigned minutes
The witness statement of Elkana Kimeli and the unsigned minutes of the special academia board meeting, although admitted by consent, added no value to the respondent's case.
Kimeli did not attend court to be cross-examined, so his statement amounted to mere denial. The minutes bore no signatures of the alleged attendees and were therefore of no evidential value. Documents do not become evidence unless produced by consent or through a competent witness and subjected to admissibility tests as laid out in Kenneth Nyaga Mwige v Austin Kiguta & 2 Others.
Entitlement to unpaid wages and certificate of service
The claimant was awarded the claimed Kshs.293,910/= in unpaid wages with interest, and a certificate of service under Section 51(1) of the Employment Act.
The claimant demonstrated how the figure was computed for lecturing services rendered at the respondent's request; the respondent tendered no evidence to dislodge the claim. Section 51(1) obliges an employer to issue a certificate of service upon termination unless employment lasted less than four consecutive weeks.
Legal principles established
#- A contract of service may be oral or written, and it is the employer's legal duty to reduce an oral contract of service to writing.
- A filed witness statement does not of itself amount to evidence unless admitted by consent with the concurrence of the court; what becomes evidence is the testimony in court subject to cross-examination.
- Where an employer, as custodian of employment records, disputes a claim but fails to avail records to counter the employee's records, the employee's claim may be proved on a balance of probabilities.
Court orders
#- 1.Unpaid wages awarded at Kshs.293,910/= as claimed
- 2.The above amount shall earn interest at court rates from the date of judgment till payment in full
- 3.The respondent shall issue and deliver to the claimant a certificate of service within 30 days of the judgment
- 4.Costs of the cause and interest thereon to the claimant
- Jurisdiction invoked
- Original employment and labour relations jurisdiction of the Employment and Labour Relations Court (Employment Act; Article 41 of the Constitution cited on fair labour practices)
Key timeline
#Practical implications
#Frequently asked questions
#Later judgments citing this (1)
#Judgments in the corpus that rely on this one. Where the Court said how it treated the authority, that is shown.
- Maleto & another v Thini & 4 others (Environment and Land Appeal E008 & E010 of 2025 (Consolidated)) [2026] KEELC 4212 (KLR)[2026] KEELC 4212 (KLR)29 Jun 2026
Cite this brief
#Cite this brief
Caselaw, "Chepkemoi v Maasai Mara University (Cause E001 of 2020) [2024] KEELRC 774 (KLR)", Case Analysis (2024). ELRC Cause (Nakuru) - Memorandum of Claim dated 22nd September, 2020, filed 23rd September, 2020. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2024/774/eng@2024-04-16
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.