Ndegwa v Presbyterian University of East Africa (Cause 1379 of 2016) [2025] KEELRC 2346 (KLR)
The bottom line
#The Employment Court dismissed a lecturer's claim for unpaid wages because he sued the university instead of the church that actually hired and paid him.
What this practically means
#Executive summary
#Key legal issues
#Existence of an employer-employee relationship between the claimant and the respondent
No employment or agency relationship was proved between the claimant and the Presbyterian University of East Africa; the claimant was engaged and paid by the PCEA Thika Education Centre/Church, a separate entity.
The court evaluated the claimant's documents: the demand letter was addressed to PCEA Thika Education Centre; the payment cheque was drawn by PCEA Elijah K. Memorial Church; attendance lists bore a different letterhead, email and motto from the respondent's. The letter allocating teaching units was signed by Rev. Julius N. Mbugua, not an agent of the university. RW1 testified there was no MOU with Thika Education Centre. A brochure listing the centre was not tendered and could not prove agency.
Limitation under Section 90 of the Employment Act
The claims for unpaid wages were continuing injury claims that ought to have been filed within 12 months under section 90 of the Employment Act.
The respondent raised a preliminary jurisdictional objection that the claim, filed on 22nd June 2016, was brought more than three years after the cause of action. Although the claim ultimately failed for want of proof of employment, the court additionally held the wage claims were continuing injuries subject to a 12-month limitation period.
Legal principles established
#- Proof of the existence of an employment relationship is foundational to any employment claim; a claimant alleging employment rights must prove that relationship.
- A cheque drawn by a third party is evidence of who the employer was; documents bearing a centre's letterhead do not prove agency or employment relations with a university absent proof of authority.
Court orders
#- 1.The entire claim is dismissed with costs to the respondent
- Jurisdiction invoked
- Employment and Labour Relations Court jurisdiction under the Employment Act, 2007 (claim for unpaid wages; limitation under Section 90 of the Employment Act considered)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Ndegwa v Presbyterian University of East Africa (Cause 1379 of 2016) [2025] KEELRC 2346 (KLR)", Case Analysis (2025). . Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/2346/eng@2025-07-30
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.