Saha Magongo Mwayaona v China State Construction Engineering Corporation Limited
The bottom line
#A Kenyan welder lost his appeal because he couldn't prove he was actually fired — no termination notice, and his salary kept being paid.
What this practically means
#Executive summary
#Key legal issues
#Whether the Appellant proved that his employment was terminated on 25th January 2019
The Appellant failed to prove termination on that date; continued payment of salary for January and February 2019 was inconsistent with termination on 25th January 2019, and the alleged redundancy notice was not produced and did not bear his name
The employee bears the initial burden under Section 47(5) of the Employment Act to prove that termination occurred and was unfair before the burden shifts to the employer. The Appellant admitted his salary was paid for January and February 2019, which the Court found inconsistent with termination on 25th January 2019. He did not produce the alleged redundancy notice and admitted his name was absent from it. The Trial Court's finding was therefore supported by evidence.
Whether the Trial Court erred in dismissing the reliefs sought
No error; without a finding of unfair termination the reliefs do not lie
Since the foundational fact of termination was not established, the question of whether the termination was fair or lawful did not arise, and the consequential reliefs (notice pay, compensation, house allowance, leave, gratuity, certificate of service) could not be awarded.
Legal principles established
#- Under Section 47(5) of the Employment Act, the employee bears the initial burden of proving that an unfair termination or wrongful dismissal occurred before the evidential burden shifts to the employer
- A first appellate court must reconsider, re-evaluate and analyse afresh the evidence and reach its own conclusions while allowing for the fact it neither saw nor heard the witnesses
- An appellate court will not ordinarily interfere with findings of fact unless unsupported by evidence, based on misapprehension of the evidence, or reached on wrong principles
Court orders
#- 1.The Appeal fails and is dismissed in its entirety
- 2.Costs of the Appeal to the Respondent
- On appeal from
- Murang'a Chief Magistrate's Court (ELRC Cause No. 14 of 2019)
- ELRC Cause No. 14 of 2019
- Jurisdiction invoked
- First appellate jurisdiction of the Employment and Labour Relations Court over the subordinate court's judgment
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Saha Magongo Mwayaona v China State Construction Engineering Corporation Limited", Case Analysis (2026). ELRC Appeal No. E047 of 2025. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2026/2645/eng@2026-09-25
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.