Mayaka v Gleem & another (Cause E017 of 2025) [2025] KEELRC 2974 (KLR)
The bottom line
#The Employment Court in Mombasa dismissed a watchman's claim because he couldn't prove an employment relationship existed, and waited too long to sue anyway.
What this practically means
#Executive summary
#Key legal issues
#Whether an employment relationship existed between the claimant and the respondents
No employment relationship existed; the claimant was engaged on a task-by-task basis and paid at the end of each task, consistent with casual or piece-rate engagement, and the payments lacked any pattern suggesting a monthly wage
The M-Pesa records showed payments mainly from Lorraine Adhiambo, not the respondents, with no pattern of a fixed monthly wage. In cross-examination the claimant admitted being employed by the respondents' neighbour and paid for work done. He ran his own flower business adjacent to the premises and retained Ksh. 20,000 when collecting rent. Applying Christine Adot Lopeyio, a contract of service is necessary and the control ingredient was lacking.
Whether claims for leave, rest days and public holidays were time-barred
In the alternative, such claims are continuing injuries that must be addressed within 12 months of cessation under section 90 of the Employment Act; termination allegedly in September 2023 and suit filed 19 February 2025 rendered them time-barred
Relying on Rift Valley Railways v Musonye and German School Society v Ohany, benefits such as housing allowances, overtime and work hours accrue daily, weekly or monthly and constitute continuing injuries under section 90. The alleged termination was in September 2023 and the claim was filed on 19 February 2025, beyond the 12-month window, rendering such claims time-barred.
Legal principles established
#- A contract of service is a necessary ingredient in the definition of 'employer', and the court's jurisdiction over employment disputes is confined to contracts of service
- Accrued leave, rest days and work during public holidays are continuing injuries which must be pursued within 12 months of cessation under section 90 of the Employment Act
- A certificate of service can only issue where an employer-employee relationship exists
Court orders
#- 1.The claim is dismissed with costs to the respondents
- Jurisdiction invoked
- Jurisdiction under the Employment Act contingent on existence of a contract of service; court found no employment relationship and hence no jurisdiction to hear and determine the matter
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Mayaka v Gleem & another (Cause E017 of 2025) [2025] KEELRC 2974 (KLR)", Case Analysis (2025). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/2974/eng@2025-10-30
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.