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ELRCDismissedCause No. 2463 of 2012· [2025] KEELRC 1299 (KLR)

Ng’ang’a & 4 others v County Government of Kajiado & another (Cause 2463 of 2012) [2025] KEELRC 1299 (KLR)

Employment and Labour Relations Court
8 May 2025
RSRadido Stephen
1,118 words in judgment
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The bottom line

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Five workers lost their 13-year case against Kajiado County because they had no proof—payslips, ID cards, or NSSF records—of ever being employed.

What this practically means

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Executive summary

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Five former casual workers of the County Council of Kajiado (later County Government of Kajiado) sued in 2012 alleging violation of fair labour rights and breach of contract after the Council terminated casual employees' contracts effective 30 April 2011 following a 2010 staff audit, and later advertised 50 casual vacancies for which the Claimants were unsuccessful. In their Amended Memorandum of Claim (filed February 2018), they sought protection against discrimination and casual treatment, declarations that they were permanent and pensionable employees with their years of service so recognised, an order compelling compliance with occupational safety and health laws, damages for discrimination, and costs. Eight issues were adopted for determination. At the hearing on 17 March 2025, the 1st and 5th Claimants testified that they were employed in 2003 and 2000 respectively, paid per day, and dismissed by phone call in 2018, without formal contracts; the Respondents presented no evidence but denied in their Response that the Claimants were its employees, contending they lacked minimum qualifications. The Court held that although the Employment Act recognises oral contracts and casual employment, an employee without primary evidence may rely on secondary evidence - payroll schedules, job identity cards, NSSF/NHIF statutory records, or oral testimony of a colleague or supervisor - and the Claimants produced none. The Cause was dismissed with no order on costs on 8 May 2025 (Radido Stephen, Judge).

Key legal issues

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01

Whether the Claimants proved an employment relationship with the County Government

Holding

The Claimants failed to prove the employment relationship; the claim was dismissed.

Reasoning

The Employment Act contemplates oral contracts and casual employment, so absence of a written appointment letter is not fatal. An employee may rely on secondary evidence: payroll schedules, job identity cards, statutory records from NSSF or NHIF, or oral testimony of a colleague or supervisor. The two Claimants who testified (the 1st and 5th) admitted no formal contracts were issued but produced no secondary evidence at all. The Respondents presented no evidence but the burden of proof remained on the Claimants, which they did not discharge.

p. 9

Legal principles established

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  • Where there is no formal written contract, an employee may prove the employment relationship through secondary evidence such as payroll schedules, identity cards, statutory records of NSSF/NHIF, or oral testimony of a colleague or supervisor.

Court orders

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  1. 1.The Cause is dismissed with no order on costs.
Jurisdiction invoked
Employment and Labour Relations Court jurisdiction over disputes relating to employment and labour rights (employment cause under the Employment Act, 2007)

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, "Ng’ang’a & 4 others v County Government of Kajiado & another (Cause 2463 of 2012) [2025] KEELRC 1299 (KLR)", Case Analysis (2025). Cause No. 2463 of 2012. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/1299/eng@2025-05-08

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