Gachie v Lochab Transporters Limited (Appeal E243 of 2024) [2025] KEELRC 3041 (KLR)
The bottom line
#An employee lost their unfair termination appeal in Kenya because vague evidence failed to prove an employment relationship ever existed.
What this practically means
#Executive summary
#Key legal issues
#Whether the Appellant proved unfair termination to the requisite standard
No - the claim failed for want of proof of the employment relationship and the material dates
Section 47(5) imposes a reverse burden: the employee must prima facie prove unfair termination before the burden shifts to the employer. The Appellant was casual about the commencement date of employment, relied on an uncertified NSSF copy whose registration date (12th October 2004) contradicted the claimed 2002 start, and was not specific about the date and manner of termination. Such sketchy evidence cannot discharge the burden, so the dismissal of the claim was proper.
Whether remedies flowing from, and independent of, the unfair termination claim were available
Neither category was available
Remedies based on unfair termination fell away with the failure of that claim. Remedies independent of it (if any) also could not be granted because the Appellant never demonstrated that an employer-employee relationship existed at all. Proof of employment is a predicate to every relief sought.
The role of a first appellate court
A first appeal is by way of retrial; the court re-evaluates the evidence and draws its own conclusions while making due allowance for not having seen the witnesses
Relying on Selle v Associated Motor Boat Co and German School Society v Ohany, the court restated that a first appellate court must reconsider the evidence, evaluate it itself and draw its own conclusions, being the final court of fact, though not bound to follow trial findings where they overlook material circumstances.
Legal principles established
#- Under Section 47(5) of the Employment Act, an employee alleging unfair termination must first prima facie prove it, whereupon the burden shifts to the employer
- The burden under section 47(5) can seldom be discharged where the employee's evidence on the employment relationship is sketchy
- A first appellate court must subject the evidence to fresh scrutiny and reach its own conclusions
Court orders
#- 1.The appeal is dismissed with no order as to costs
- On appeal from
- Principal Magistrate's Court
- not stated
- Jurisdiction invoked
- First appellate jurisdiction over the Principal Magistrate's judgment in an employment claim
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Gachie v Lochab Transporters Limited (Appeal E243 of 2024) [2025] KEELRC 3041 (KLR)", Case Analysis (2025). Memorandum of Appeal dated 10th November 2024 (ELRC Appeal). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/3041/eng@2025-10-23
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.