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ELRCDismissedNot stated in the judgment as provided· [2025] KEELRC 2719 (KLR)

Sangura v Western Steel Mills Limited & another (Cause 244 of 2018) [2025] KEELRC 2719 (KLR)

Employment and Labour Relations Court
3 October 2025
MOM. ONYANGO
2,255 words in judgment
View original judgmentRead on Kenya Law Watch case
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·~9 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 who actually employed him — evidence of employment is the claimant's first job.

What this practically means

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Executive summary

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The Claimant sued the two Respondents alleging that he was employed on 8th May 2015 as a general worker at a monthly salary of Kshs 15,750 and summarily dismissed on 30th March 2016 after protesting a heavy lifting task, seeking declarations of unfair termination, terminal dues, 12 months' compensation, statutory remittances, loss of future earnings to retirement and a certificate of service. The 1st Respondent denied employing the Claimant, stating that it engaged independent contractors for manpower, and urged dismissal with costs; the 2nd Respondent did not participate. At trial the Claimant testified and produced a DTB bank statement and NSSF statement, but his case closed without cross-examination after an identity issue was resolved. The 1st Respondent's Human Resource Manager testified that the Claimant was never on its records. The court framed three issues: existence of an employment relationship, liability for the alleged unfair dismissal, and the reliefs. Examining the bank and NSSF statements, the court found neither document identified either Respondent as employer. It held the Claimant bore the initial burden of proving the employment relationship before any burden could shift to the employer, and that he ought to have invoked discovery where documents lay with the adversary. The suit was dismissed with each party bearing its own costs.

Key legal issues

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01

Whether the Claimant was an employee of either Respondent

Holding

No employment relationship was proved with either Respondent

Reasoning

The Claimant produced a DTB bank statement and NSSF statement, but neither document identified either Respondent as his employer; the bank statement showed salary credits without disclosing the source. The court held the claimant had to first adduce evidence of the employment relationship before any burden could shift to the employer, and that allegations unsupported by cogent evidence cannot found a finding of employment.

p. 6
02

Liability for the alleged unfair dismissal

Holding

Rendered moot; no determination made

Reasoning

Having found no employment relationship with either Respondent, the court held that the remaining issues on liability and reliefs fell away and required no further consideration.

p. 6

Legal principles established

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  • The burden of proving an employment relationship lies first on the claimant before it can shift to the employer; mere allegation without cogent evidence is insufficient
  • A party who believes relevant documents are in the custody of an adversary must invoke discovery and production procedures; failure to do so leaves the court without evidence

Court orders

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  1. 1.The Claimant's suit against the Respondents is dismissed
  2. 2.Each party shall bear its own costs

Authorities

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Legislation

  • Employment ActSection 2 (definition of employee)
  • Employment ActSection 2 (definition of employer)
  • Employment ActSection 45(2)
  • Employment ActSection 49(1)(c)
  • Employment ActSection 51
  • Employment ActSection 19
  • Evidence ActSection 107(1) and (2)
  • Work Injury Benefits ActSection 4(2)

Cases cited (2)

  • Fredrick Byakika v Mutiso Menezes International Unlimited
    [2016] eKLR
  • Maurice Oduor Okech v Chequered Flag Limited
    [2013] eKLR
Jurisdiction invoked
Employment and Labour Relations Court jurisdiction under the Employment Act (claim for unfair termination and terminal dues)

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, "Sangura v Western Steel Mills Limited & another (Cause 244 of 2018) [2025] KEELRC 2719 (KLR)", Case Analysis (2025). Not stated in the judgment as provided. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/2719/eng@2025-10-03

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