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ELRCDismissedNot stated in the judgment extract· [2025] KEELRC 1215 (KLR)

Mutii v Apex Valuers Limited (Employment and Labour Relations Cause E218 of 2021) [2025] KEELRC 1215 (KLR)

Employment and Labour Relations Court
29 April 2025
HWHellen Wasilwa
1,862 words in judgment
View original judgmentRead on Kenya Law Watch case
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·~7 min to read original · ~4 min brief

The bottom line

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A Kenyan employment claim failed because the worker couldn't prove he was an employee, having never asked the court to force his employer to produce key documents.

What this practically means

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Executive summary

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The Claimant instituted a claim dated 3rd March 2021 alleging breach of an employment contract with the Respondent, a valuation firm. He claimed he was engaged in June 2017 as Associate and Assistant Director in charge of Administration at Kshs. 70,000 per month plus a commission of Kshs. 150,000, arising from a valuation roll contract between the Respondent and Kwale County Government. He accepted reduced payments of Kshs. 50,000 from October 2017 to February 2018 due to alleged delays in payment by the county government. He resigned by letter dated 27th August 2019 and sought a declaration of unlawful dismissal, damages, terminal benefits of Kshs. 1,790,000, a certificate of service under Section 51 of the Employment Act, costs and interest. The Respondent denied an employment relationship, describing the Claimant as a casual worker engaged on need basis, paid tokens or reimbursements, and asserted the contract with Kwale County Government lapsed rendering his services redundant. The court framed three issues: the nature of engagement, the salary/allowance, and entitlement to remedies. Finding no written contract, no production of the alleged contract despite the Claimant's assertion it was in the Respondent's custody, and only sporadic evidence of engagement, the court held the relationship remained casual and the claim pegged on evidence not produced. The claim was dismissed with no order of costs on 29th April 2025.

Key legal issues

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01

Nature of engagement between claimant and respondent

Holding

The relationship remained casual in nature; no written contract or evidence of continuous employment was produced

Reasoning

There was no written contract before the court. The claimant alleged the contract was in the respondent's custody but did not seek production orders. Documents relied on (letters to the National Land Commission, the Kwale County valuation roll, registry access authority) showed only sporadic occasions of engagement. The court thus found little evidence that the claimant worked continuously for the respondent.

p. 5
02

Burden of proof on the employment relationship and terms

Holding

The claimant failed to discharge his burden of proving employment and the pleaded terms

Reasoning

The claimant produced no employment contract or payslips, testifying the documents were in the respondent's possession. The respondent's witness admitted no document was produced showing the status of the claimant's employment. The court held the failure to seek production of the documents made the case inconclusive, and the claim failed on its own evidence.

p. 5
03

Remedies for unlawful termination

Holding

No remedies awarded as the claim was dismissed

Reasoning

Having found the claim not proved, the court declined all remedies sought, including damages, terminal benefits, certificate of service, costs and interest.

p. 5

Legal principles established

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  • A claimant who alleges that documents in the employer's possession would support his case must seek orders for their production; failing which the case may be inconclusive
  • Where the evidence produced does not establish the terms of engagement, the claim fails

Court orders

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  1. 1.The claim is dismissed for want of proof
  2. 2.There shall be no order of costs
Jurisdiction invoked
Employment and Labour Relations Court jurisdiction over employment contract disputes (Employment Act, Section 51 cited for certificate of service)

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, "Mutii v Apex Valuers Limited (Employment and Labour Relations Cause E218 of 2021) [2025] KEELRC 1215 (KLR)", Case Analysis (2025). Not stated in the judgment extract. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/1215/eng@2025-04-29

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