Thuo v Green World International Kenya Limited (Cause 2450 of 2012) [2014] KEIC 119 (KLR) (Employment and Labour) (11 February 2014) (Ruling) Peter Ngecu Thuo v Green World International Kenya Limited [2013] eKLR Neutral citation: [2014] KEIC 119 (KLR) REPUBLIC OF KENYA IN THE INDUSTRIAL COURT AT NAIROBI EMPLOYMENT AND LABOUR CAUSE 2450 OF 2012 NZIOKI WA MAKAU, J FEBRUARY 11, 2014 BETWEEN PETER NGECU THUO ............................................................................ CLAIMANT AND GREEN WORLD INTERNATIONAL KENYA LIMITED ............. RESPONDENT RULING 1. The Application before me seeks to have the suit dismissed forbeing frivolous and vexatious and an abuse of the process. Thecontract was signed but terminated the same day by theClaimant. He is now seeking compensation on the same. 2. Mr. Njuguna for the Respondent asserts that the Claimantsought to be relieved from the contract the same day. Hetherefore submits there was no performance and the contractended without performance. 3. Mr. Nyamiaka for the Claimant opposed the Application andstated that the contract was for 2 years and that the Afidavitin support contains falsehoods. He maintained that thecontract was illegally and maliciously terminated. He thusurged that the matter be heard on merits and a determinationgiven. 4. In a brief reprise Mr. Njuguna stated that the claim is for unfairtermination and that the Claimant has not satisfied thethreshold of Section 45(3) of the Employment Act. TheClaimant sought to be relieved of his employment as he hadfound another employment as indicated in the Defence para 4.A party cannot seek to rely on a contract he has notperformed. 5. The Claimant sought to be relieved of duties the very day hesigned the contract. The afidavit of William Su deposed to on12th July 2013 makes that deposition. There was noperformance of contract https://new.kenyalaw.org/akn/ke/judgment/keic/2014/119/eng@2014-02-11 1
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and there can be no cause of actionbased on it. I agree with Mr. Njuguna that a party cannot seekto rely on a contract he has not performed. The suit isdismissed with costs to the Respondent. It is so ordered. DATED, SIGNED AND DELIVERED THIS 1ST DAY OF NOVEMBER 2013. NZIOKA wa MAKAU JUDGE https://new.kenyalaw.org/akn/ke/judgment/keic/2014/119/eng@2014-02-11 2
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