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Mutanyi & another v Western Steel Mills Limited & another (Cause 243 of 2018) [2025] KEELRC 1817 (KLR) (20 June 2025) (Judgment)

[2025] KEELRC 1817 (KLR) Employment & Labour Relations Court
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Court
Employment & Labour Relations Court
Case number
1817
Citation
[2025] KEELRC 1817 (KLR)
Decided
20 June 2025
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeEmployment DisputePostureAppeal from an original trial decisionCoramMA ONYANGO
Holding

The court finds that the Claimants did not prove they were employees of the Respondents and dismisses their claims.

Facts

The 1st and 2nd Claimants alleged they were employed by the 1st and 2nd Respondents, but the 1st Respondent disputed this. The Claimants provided bank statements and NSSF statements, while the 1st Respondent did not.

Issues

  1. Whether the Claimants were employees of the 1st or 2nd Respondent
  2. Who between the 1st and 2nd Respondent is liable for the unfair dismissal of the Claimant from employment
  3. Whether the reliefs sought should issue and against which Respondent

Reasoning

The court determined that the Claimants did not provide sufficient evidence to prove their employment status, and thus their claims are dismissed.

Outcome

The Claimants' suits against the Respondents are dismissed with an order that each party shall bear its costs.

Orders

  • The Claimants' suits against the Respondents are dismissed with an order that each party shall bear its costs.

Authorities cited

Legislation (2)
  • Employment Act
  • Evidence Act
Cases cited (1)
  • Evans Oloo Limera v Prime Steel Limited (2024) eKLR
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.
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