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Eliud & 484 others v Mombasa Cement (Cause E097 of 2023) [2024] KEELRC 1479 (KLR) (14 March 2024) (Judgment)

[2024] KEELRC 1479 (KLR) Employment & Labour Relations Court
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Court
Employment & Labour Relations Court
Case number
1479
Citation
[2024] KEELRC 1479 (KLR)
Decided
14 March 2024
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeEmployment DisputePostureRespondent's Motion to DismissCoramM MBARŨ, J
Holding

The court dismissed the claimants' case as there was no employment relationship between the parties, and the respondent was not the employer.

Facts

Claimants were employed by Mombasa Cement as general labourers from December 2013 to September 2020. The respondent claimed to have an independent contractor providing labour, and the claimants had no written contracts.

Issues

  1. Employment relationship
  2. Remedies sought
  3. Jurisdiction

Reasoning

The court held that the respondent had an independent contractor providing labour, and the claimants were not employees of the respondent. The court ruled that the respondent was not the employer and dismissed the case.

Outcome

Dismissed with costs

Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
Full judgment 0.2 MB · PDF

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