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MagistrateDismissedNot stated in the judgment· [2026] KEMC 151 (KLR)

Kalume v Wakbar (Cause E358 of 2025) [2026] KEMC 151 (KLR)

Employment and Labour Relations Court (Magistrates' Court, Employment and Labour Relations division)
25 June 2026
1,481 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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A Mombasa court dismissed a househelp's unfair termination claim because she could not prove she was terminated or continuously employed.

What this practically means

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Executive summary

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The Claimant, employed allegedly as a househelp from 27th October 2021 to 3rd January 2025 at a monthly wage of Kshs. 10,000, sued for unfair and unlawful termination. The Respondent denied an employment relationship, asserting the Claimant was engaged occasionally by his spouse whenever household assistance was required. The Claimant twice failed to attend the hearing, and the matter proceeded by documentary evidence and written submissions under Rule 59, with only the Respondent filing submissions. The court framed five issues. First, it held that an employment relationship existed, since the Respondent and his wife admitted the Claimant rendered paid domestic services over time; domestic work is recognized as employment under the Employment Act and the Regulation of Wages (General) Orders. Second, the Claimant failed to prove continuous employment or a monthly salary: she produced no payment, attendance or leave records and did not testify or face cross-examination, while the Respondent's uncontroverted statements described intermittent, need-based engagement. Third, termination was not proved: no evidence was tendered from the security guard said to have communicated it, and the Respondent's witnesses stated the Claimant ceased offering services in December 2024. Because termination was not proved, ss.41, 43 and 45 of the Employment Act were not engaged and the unfair termination claim failed. All heads of relief - notice pay, twelve months' compensation, underpayments, house allowance, leave pay, service pay, and NHIF/NSSF claims - were dismissed as unproved. The claim was dismissed with each party bearing its own costs and interest declined.

Key legal issues

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01

Existence of employment relationship

Holding

An employment relationship existed; the Respondent and his spouse admitted the Claimant rendered domestic services for remuneration over time

Reasoning

The court applied ss.107 and 109 of the Evidence Act on burden of proof. Although the Respondent denied an employment relationship, both the Respondent and his spouse admitted that the Claimant worked at the household, performed chores, was paid, and was called repeatedly over a period. The dispute was therefore the nature of the engagement, not whether she worked. Domestic work is recognized as employment under the Employment Act.

p. 3
02

Casual labourer versus regular employee

Holding

The Claimant failed to prove continuous employment or a monthly salary of Kshs. 10,000; the engagement was informal and intermittent

Reasoning

The Claimant produced no payment records, mobile money statements, attendance or leave records, did not testify, and was not cross-examined. The Respondent's uncontroverted witness statements described intermittent engagement dependent on household need. The court found the balance of probabilities favoured the Respondent's account of informal, intermittent services rather than continuous monthly employment.

p. 3
03

Proof of termination and unfair termination

Holding

Termination was not proved; the unfair termination claim necessarily failed

Reasoning

The only evidence of termination was the alleged statement by a security guard, for whom no statement, affidavit or testimony was tendered, and the Claimant did not testify to subject her account to cross-examination. The Respondent's witnesses said the Claimant ceased offering services in December 2024. Without proof of termination under s.47(5) of the Employment Act, ss.41, 43 and 45 could not be engaged.

p. 4

Legal principles established

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  • The party alleging employment bears the initial burden of proving the employment relationship before the burden shifts
  • Sections 41, 43 and 45 of the Employment Act on unfair termination become operative only upon proof of both employment and termination
  • Domestic work is specifically recognized as employment under the Employment Act and the Regulation of Wages (General) Orders

Court orders

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  1. 1.The Claimant's claim is dismissed
  2. 2.Each party shall bear its own costs
  3. 3.Interest is declined

Authorities

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Legislation

  • Evidence ActSections 107 and 109
  • Employment ActSections 41, 43, 45, 47(5)
  • Regulation of Wages (General) OrdersNot specified

Cases cited (3)

  • Kutu v Anaali Kenya Ltd
  • Zarika Adoyo Obondo v Tai Shunjun & Another
  • Owiti v C & A Security Services
Jurisdiction invoked
Employment and Labour Relations jurisdiction (Employment Act); matter proceeded under Rule 59 by documentary evidence and written submissions

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, "Kalume v Wakbar (Cause E358 of 2025) [2026] KEMC 151 (KLR)", Case Analysis (2026). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/kemc/2026/151/eng@2026-06-25

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