Kuria v Tigoni Water Supply Co Ltd (Cause E213 of 2021) [2023] KEELRC 1473 (KLR) (8 June 2023) (Judgment)

Summary at a glance

Facts

The claimant, Gorge Kamau Kuria, was engaged by the respondent, Tigoni Water Supply Co Ltd, as an operations director starting January 1998. He was later promoted to Executive Director in January 2020. The claimant asserts that he was entitled to terminal dues and gratuity for 22 years of service, but the respondent denied the claim.

Issues

• Whether there was an employment relation between the parties
• Whether the claimant was treated differently in respect of payment of terminal dues
• Whether the claimant is entitled to the reliefs he now claims

Reasoning

The court determined that directors of a company are not employees of the company, and the claimant's case does not fall under the ELRC's jurisdiction.

Outcome

The claimant's case is dismissed.

Authorities cited