Mugutha v Gitau alias Veronica Wairimu Van Helden & another (Cause 1001 of 2018) [2025] KEELRC 1795 (KLR)
The bottom line
#A Kenyan court ruled a long-serving caretaker was indeed an employee, awarding him three years' salary, holiday and leave pay despite the employer's denial.
What this practically means
#Executive summary
#Key legal issues
#Existence of an employer-employee relationship
An employer-employee relationship was established on a balance of probability between the Claimant and both Respondents, based on the 1st Respondent's admission that the Claimant cared for their Ngong house and her 2015 letter placing the house in his care
The Court applied the Ready-Mix Concrete three-part test (work and skill for remuneration, control, consistency with a contract of service) as adopted in Anthony Njuguna v Afri-Cina, and the multi-factor test in Obonyo v Britam. The 1st Respondent's own evidence - that the Claimant received her by opening the gate in July 2015 and continued to care for the jointly-owned property - together with her letter of 13th July 2015, established the relationship notwithstanding her denial of being the employer.
Entitlement to the reliefs sought
The savings claim of Kshs. 1,000,000/= was dismissed for lack of evidence; salary was awarded only for 3 years rather than the full period since 2005; holidays worked and leave days were awarded as prayed
The Claimant proved employment but not the alleged savings arrangement of Kshs. 10,000/= per month. The Court found it unconvincing that he worked unpaid for 20 years without any demand for payment, and restricted salary to 3 years. Because the Respondents did not show that salaries were paid, unpaid holidays and leave entitlement were allowed as prayed. The 2nd Respondent did not defend the suit and the evidence against him was uncontroverted; both Respondents were held jointly and severally liable.
Legal principles established
#- A contract of service exists where three conditions are fulfilled: provision of own work and skill for remuneration, sufficient degree of control by the master, and other provisions consistent with a contract of service
- An employer-employee relationship may be inferred from conduct, including leaving property in the care and responsibility of the claimant
Court orders
#- 1.A declaration that the Claimant is an employee of the Respondents
- 2.The Respondents jointly and severally to pay the Claimant 3 years' salary at Kshs. 587,520/-
- 3.The Claimant to be paid for holidays worked at Kshs. 125,664/-
- 4.An order for payment on account of leave days Kshs. 137,088/-
- 5.The Respondents shall bear the costs of this suit
- Jurisdiction invoked
- Employment and Labour Relations Court jurisdiction under the Employment Act, 2007 (employer-employee dispute)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Mugutha v Gitau alias Veronica Wairimu Van Helden & another (Cause 1001 of 2018) [2025] KEELRC 1795 (KLR)", Case Analysis (2025). Employment and Labour Relations Cause (Memorandum of Claim dated 20th June, 2018). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/1795/eng@2025-06-19
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.