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ELRCDismissedPetition dated 29th May 2025· [2025] KEELRC 2929 (KLR)

Okindo v Gratify Solutions International Ltd & 3 others; National Employment Authority (Interested Party) (Employment and Labour Relations Petition E105 of 2025) [2025] KEELRC 2929 (KLR)

Employment and Labour Relations Court
27 October 2025
7,020 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~28 min to read original · ~4 min brief

The bottom line

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A Kenyan worker's human trafficking claim against a recruitment agency failed because his testimony contradicted his own documents, though police were ordered to investigate.

What this practically means

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Executive summary

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The Petitioner, a diploma holder in mass communication, petitioned the Employment and Labour Relations Court alleging that the four Respondents deceptively recruited him for employment in Bangkok, Thailand, paid for through Kshs 120,000 in M-Pesa transfers, and smuggled him into Myanmar where he was confined in a scam compound, forced to undertake online fraud, subjected to physical abuse, an involuntary HIV test, confiscation of his passport and phone, and starvation, until his rescue by the military on 4th April 2025. He sought declarations of slavery, trafficking, inhuman and degrading treatment, infringement of movement, privacy and dignity, a permanent injunction, damages, unpaid salaries of Kshs 600,000 and special damages of Kshs 45,768. The Respondents denied running an employment or labour export business, asserting they operate a cybercafe and stationery supply business, that the payments were repayments of personal loans from the 2nd Respondent's informal money-lending, that the 4th Respondent was a mere client, and that the Petitioner travelled voluntarily on a tourist visa stamped 'Employment Prohibited'. The court found that although the exchange of money with the 2nd and 3rd Respondents was supported by evidence, and the 2nd Respondent produced no proof of any loan, the claim that the Respondents were behind the Petitioner's travel for employment on a tourist visa was not supported by evidence, and his admission of deportation upon visa expiry rendered his account suspect. The Petition was dismissed with no order of costs, but the court, noting the serious criminal allegations, directed the Inspector General and DCI to investigate and charge any culprits, and ordered the judgment served on the Inspector General, Attorney General and DCI.

Key legal issues

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01

Whether the Respondents recruited, transported and trafficked the Petitioner to Myanmar for exploitation

Holding

The claim failed: while payment of money to the 2nd Respondent was proved, the Respondents' role behind the Petitioner's travel to Thailand on a tourist visa for employment was not supported by evidence

Reasoning

The court accepted that the Petitioner exchanged money with the 2nd and 3rd Respondents, but found that the allegation that the Respondents were solely behind his travel to Thailand and Bangkok for employment, especially on a tourist visa, was not supported by evidence. The Petitioner's admission that he returned to Kenya upon deportation for visa overstay made his claim of movement to Myanmar for employment suspect, and his evidence remained inconsistent with the documents produced.

p. 13
02

Whether the constitutional violations alleged (slavery, inhuman treatment, movement, privacy/dignity) were proved against the Respondents

Holding

The declarations and damages sought were not granted because the evidence did not support them

Reasoning

The court examined the Petitioner's narrative of recruitment, payment, travel through Bangkok, crossing into Myanmar and exploitation in scam compounds, but found his account inconsistent with the documentary evidence, including his deportation on expiry of the tourist visa. The serious criminal allegations were nonetheless referred for investigation by the IG and DCI rather than adjudicated as proved violations.

p. 13
03

Whether the Kshs 120,000 paid to the 2nd Respondent was a job placement fee or loan repayment

Holding

The exchange of money was proved, but the 2nd Respondent gave no evidence of any loan, so the payment was undisputed; this did not, however, establish trafficking

Reasoning

The 2nd Respondent admitted receiving Kshs 120,000 but claimed it was repayment of a soft loan advanced to the Petitioner. The court noted that the 2nd Respondent did not provide any evidence of issuing the loan, so the fact of the payment stood proved, but it was insufficient to prove the Respondents recruited the Petitioner for foreign employment.

p. 13

Legal principles established

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  • A petitioner seeking to prove serious allegations such as human trafficking must support the claim with consistent evidence; inconsistency between testimony and documents is fatal to the claim
  • Where a petition raises serious allegations alluding to commission of a crime, the court may direct investigation by the Inspector General and the DCI

Court orders

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  1. 1.The Petition and all prayers sought therein are dismissed for lack of supporting evidence
  2. 2.The issues raised in the petition, which allude to commission of a crime, are to be investigated by the office of the Inspector General and DCI, and culprits, if found, charged accordingly
  3. 3.The judgment to be served upon the Inspector General, Attorney General and DCI
  4. 4.No order of costs
Jurisdiction invoked
Original constitutional petition jurisdiction (Bill of rights enforcement) before the Employment and Labour Relations Court

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, "Okindo v Gratify Solutions International Ltd & 3 others; National Employment Authority (Interested Party) (Employment and Labour Relations Petition E105 of 2025) [2025] KEELRC 2929 (KLR)", Case Analysis (2025). Petition dated 29th May 2025. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/2929/eng@2025-10-27

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