Omwoyo v Maasai Mara University (Cause E002 of 2020) [2024] KEELRC 995 (KLR)
The bottom line
#A Kenyan court ordered Maasai Mara University to pay a part-time lecturer Kshs.1.6 million in unpaid wages because the employer failed to present any evidence in its defence.
What this practically means
#Executive summary
#Key legal issues
#Whether a contract of employment existed between the claimant and the respondent after 2014
Yes - the court found a contract of service existed on a balance of probabilities, notwithstanding the absence of written contracts after 2014, since a contract of service may be oral or written and the respondent failed to rebut the claimant's records.
The court held that a contract of service may be oral or written, and the employer has a duty to reduce it to writing under section 9 of the Employment Act. The claimant produced class attendance lists, CAT records and timetables, and student witness statements were admitted by consent. The respondent, as custodian of employment records, tendered no evidence to counter these. Applying section 119 of the Evidence Act and the balance of probabilities, the court presumed the claimant's records to be genuine and found the claim proved.
Whether the respondent's filed witness statement and document, without calling a witness, constituted evidence
No - the Elkana Kimeli witness statement and the minutes were never admitted and remain mere papers on the court file.
The respondent closed its case without calling witnesses, claiming its documents had been produced by consent. The court rejected this as misleading: a witness statement is only a guideline, and filed documents become evidence only if produced by consent or through a competent witness. Neither the statement nor the minutes were admitted or marked as exhibits, so they carried no evidential weight and the claimant's evidence stood unchallenged.
Whether the claimant was entitled to unpaid wages of Kshs.1,624,050/= and a certificate of service
Yes - full unpaid wages as claimed were awarded, and a certificate of service was ordered under section 51(1) of the Employment Act.
The claimant demonstrated the computation of Kshs.1,624,050/= in the memorandum of claim and in oral testimony, and the respondent tendered no evidence to dislodge the claim. On the certificate of service, section 51(1) of the Employment Act obliges an employer to issue one upon termination unless employment lasted less than four consecutive weeks; the request was therefore allowed.
Legal principles established
#- A filed witness statement does not of itself amount to evidence unless admitted by consent and with the concurrence of the court; what becomes evidence is what the witness states in court and is subjected to cross-examination.
- Documents filed in court do not become evidence unless produced by consent or through a competent witness, per Kenneth Nyaga Mwige v Austin Kiguta & 2 Others (2015) eKLR.
- It is the legal duty of the employer to reduce an oral contract of service to writing and to avail employment records when disputing a claim.
Court orders
#- 1.Payment of unpaid wages of Kshs.1,624,050/= to the claimant
- 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
- Employment and Labour Relations Court jurisdiction over employment disputes (Employment Act; ELRC Act)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Omwoyo v Maasai Mara University (Cause E002 of 2020) [2024] KEELRC 995 (KLR)", Case Analysis (2024). ELRC Cause No. 223 of 2020 (Nakuru). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2024/995/eng@2024-04-16
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.