Skip to content
AI-generated case briefs sourced from Kenya Law · Not legal advice
AI-generated case brief
Case Brief · caselaw.co.ke
ELRCDismissedPetition dated 20th July 2020 (case number not stated in the judgment)

Omollo v Quintities East Africa Limited t/a Iqvia (Petition E121 of 2020) [2025] KEELRC 2919 (KLR)

Employment and Labour Relations Court
22 October 2025
5,709 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~23 min to read original · ~4 min brief

The bottom line

#

Kenya's Employment Court ruled that an unsigned, unaccepted job offer creates no employment relationship, so withdrawing it is not unfair termination.

What this practically means

#

Executive summary

#
The petitioner, recruited via email exchanges initiated in February 2020 through a recruitment agent (Razina Hurribunce) and a Programs Executive at Imperial Logistics (Chris Oosthuizen), claimed he was employed by the respondent as a Medical Sales Representative, East Africa on a one-year fixed contract commencing 1 April 2020. He alleged the respondent agreed to match his previous net annual salary of Kshs. 3,284,199, that a contract sent on 29 April 2020 reflected a lower salary, and that before the discrepancy was resolved the respondent 'withdrew' the contract on 30 April 2020, allegedly for undisclosed misconduct discovered during onboarding. He sought declarations of unfair labour practice, unlawful summary dismissal and violations of Articles 41 and 47, reinstatement, and damages. The respondent denied an employment relationship ever crystallised, contending the petitioner never signed or accepted the contract, made a counter-proposal on remuneration, and had misrepresented his employment history (claiming redundancy when he had been dismissed after a disciplinary process), justifying withdrawal under the suspensive conditions in the hire form. The court found the offer of 29 April 2020 was never accepted and was withdrawn on 30 April 2020 after due diligence negated the 1 April start date. It held no enforceable employment contract existed, so wrongful termination and breach of rights did not arise, and the petitioner failed the standard of proof. The petition was dismissed with no order of costs.

Questions the Court framed

#

The issues the Court set itself to decide, in its own words.

  1. 1.Whether the Petitioner was contractually employed by the Respondent
  2. 2.Whether the Petitioner had an agreement with the Respondent on an annual salary
  3. 3.Whether the Respondent could validly withdraw a contract of employment
  4. 4.Whether the Respondent's conduct amounted to a violation of the Petitioner's rights under Articles 41 and 47 of the Constitution
  5. 5.What the appropriate remedies are

Key legal issues

#
01

Whether a binding contract of employment existed between the petitioner and the respondent

Holding

No binding contract existed; the offer of 29 April 2020 was never accepted by signature and was withdrawn on 30 April 2020

Reasoning

The court traced the email exchanges culminating in the offer of 29 April 2020, which the petitioner was asked to sign and revert. There was no evidence the petitioner signed the offer; instead he made a counter-proposal on remuneration. The offer was withdrawn on 30 April 2020 after due diligence revealed the petitioner had misrepresented the reason for leaving his previous employment, so no enforceable employment relationship crystallised.

p. 10
02

Whether the withdrawal of the employment contract amounted to unfair termination and violation of the petitioner's rights

Holding

Wrongful termination and breach of rights do not arise in the absence of an employment contract

Reasoning

Because the 1 April 2020 start date communicated by email was subject to due diligence, and due diligence negated the start of the contract, the respondent lawfully withdrew the offer. Without a contract sealed by signature, there was no termination to test against the Employment Act, and no violation of fair labour practices or fair administrative action was proved.

p. 11
03

Whether the petitioner proved his claim to the required standard

Holding

The petitioner failed to discharge the burden of proof and the petition was dismissed

Reasoning

The court applied the standard of proof on a balance of probability and found the petitioner had not established a contract, an agreed salary of Kshs. 3,284,199, or constitutional violations. All the declaratory, reinstatement and damages reliefs consequently fell away.

p. 11

Legal principles established

#
  • For an offer to be binding there must be intention to create legal relations, offer and acceptance, and agreement on essentials including remuneration, duration and start date; a contract of employment not signed or accepted cannot be enforced

Court orders

#
  1. 1.The petition is dismissed
  2. 2.No order of costs

The bench

#

One judgment of the whole court — no separate or dissenting opinions.

majority

Wrote the judgment

Jurisdiction invoked
Petition alleging violation of Articles 41 and 47 of the Constitution; Employment and Labour Relations Court jurisdiction

Relief refused

#

Declarations of unfair labour practice, unlawful summary dismissal and violation of Articles 41 and 47

No employment contract was concluded; the offer was withdrawn before acceptance

p. 11

General damages for summary dismissal and exemplary damages for constitutional violation

The petitioner failed to prove his claim to the required standard

p. 11

Payment of full salary for the remaining contract period (Kshs. 3,284,199) and reinstatement

No employment relationship arose from the withdrawn contract of employment

p. 10

Costs

There will be no order of costs.

Quotable passages

#

Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.

In essence there was no employment contract between the petitioner and respondent sealed through any signed contract capable of being enforced.
p. 11Existence of employment contract
The issue of wrongful termination and a breach of the petitioners rights does not therefore arise.
p. 11Withdrawal of unaccepted offer vs termination
The petitioner in my view fails below the standard of proof expected and is dismissed accordingly.
p. 11Standard of proof
The petitioner in my view fails below the standard of proof expected and is dismissed accordingly. There will be no order of costs.
p. 11Final orders and costs

Issues in the judgment

#
minor

The court file/case number is not stated anywhere in the judgment; only the petition date (20th July 2020) appears.

minor

The prayer list mixes reliefs referring to the petitioner as 'him' and later reliefs referring to 'her', suggesting the prayers were recycled from another pleading.

minor

The prayers inconsistently cite 'Section 40 of the Employment Act and sections 2, 3[c], 4[3] and 4[4] of the Fair Administrative Act' in what is otherwise a declaration prayer, and refer to the Fair 'Administrative' Act without 'Action'.

Key timeline

#

Practical implications

#

Frequently asked questions

#

Cite this brief

#

Cite this brief

Caselaw, "Omollo v Quintities East Africa Limited t/a Iqvia (Petition E121 of 2020) [2025] KEELRC 2919 (KLR)", Case Analysis (2025). Petition dated 20th July 2020 (case number not stated in the judgment). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/2919/eng@2025-10-22

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