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MagistrateDismissedNot stated in the judgment (Memorandum of Claim dated 20/11/2024)· [2026] KEMC 44 (KLR)

Kiongo v Kanu Street Travellers Sacco Limited (Employment and Labour Relations Cause E362 of 2024) [2026] KEMC 44 (KLR)

Employment and Labour Relations Court (sitting at Nakuru)
24 February 2026
ALALOYCE-PETER-NDEGE
504 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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A Kenyan court dismissed a stage attendant's unfair dismissal claim because he couldn't prove he was actually fired — or even employed.

What this practically means

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Executive summary

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The Claimant, alleging employment with the Respondent as a stage attendant, sought a declaration that his summary dismissal was unlawful, 12 months' salary compensation for unfair termination under section 49(1)(b) of the Employment Act, underpayments, housing allowance, one month's pay in lieu of notice plus one month's house allowance, costs and interest. The Respondent's case, through its Chairman Francis Kimani, was that the Claimant was hired on a three-month fixed-term contract which expired in 2019 and thereafter chose to operate at the stage as a volunteer paid directly by drivers. After full hearing and written submissions, the court found that the letter of suspension dated 27/08/2024 was not evidence of employment, and that the Claimant's NSSF and NHIF records pointed to employment ending around mid-2020, corroborating the Respondent's position. The court held that the burden lay on the Claimant to prove dismissal, and that the allegation of summary dismissal was unsupported by evidence. The unfair termination and compensation claims were dismissed for lack of proof, as were the underpayment claim (for failure to demonstrate the applicable wage and discharge the burden of proof) and all other heads. The entire suit was dismissed with costs to the Respondent. Judgment was delivered at Nakuru on 24 February 2026 by Senior Principal Magistrate Aloyce-Peter-Ndege.

Key legal issues

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01

Whether the Claimant proved summary dismissal/unfair termination

Holding

The claim of summary dismissal was unsupported by evidence; the only documentary evidence showed suspension, and NSSF/NHIF records suggested employment ended in mid-2020

Reasoning

The court weighed the Claimant's documents against the Respondent's evidence of a fixed-term contract that expired in 2019. The suspension letter did not prove employment, and NSSF/NHIF records indicated employment had ended by mid-2020, supporting the Respondent's position. The Claimant did not discharge the burden of proving dismissal.

p. 2
02

Whether the Claimant proved underpayments and other ancillary claims

Holding

Dismissed for failure to discharge the burden of proof

Reasoning

The Claimant did not demonstrate the wage he earned or the applicable wage order, so the underpayment claim and all other ancillary heads failed for want of proof.

p. 2

Legal principles established

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  • A letter of suspension is not evidence of employment
  • The burden of proving termination of employment lies on the Claimant

Court orders

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  1. 1.The Claimant's suit is dismissed in its entirety
  2. 2.The Claimant to pay costs of the suit to the Respondent

Authorities

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Legislation

  • Employment ActSection 49(1)(b)
Jurisdiction invoked
Employment and Labour Relations Court jurisdiction under the Employment Act (first-instance employment claim)

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, "Kiongo v Kanu Street Travellers Sacco Limited (Employment and Labour Relations Cause E362 of 2024) [2026] KEMC 44 (KLR)", Case Analysis (2026). Not stated in the judgment (Memorandum of Claim dated 20/11/2024). Source: https://new.kenyalaw.org/akn/ke/judgment/kemc/2026/44/eng@2026-02-24

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