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Alam v Noorani & 18 others (Employment and Labour Relations Petition E028 of 2024) [2025] KEELRC 82 (KLR) (23 January 2025) (Judgment)

[2025] KEELRC 82 (KLR) Employment & Labour Relations Court
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Court
Employment & Labour Relations Court
Case number
82
Citation
[2025] KEELRC 82 (KLR)
Decided
23 January 2025
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeEmployment and Labour Relations PetitionPosturePetitionCoramMN NDUMA
Holding

The Court finds that the evidence provided does not establish a clear employment relationship as defined by law.

Facts

Petitioner, Ansari Shamsher Alam, claims to have been employed by various Respondents from October 2006 in various capacities until November 2023. The Respondents deny this and dispute the termination of employment.

Issues

  1. Whether the Petitioner has proved that he was employed by any/and or all the Respondents
  2. Whether his employment can be said to have been unfairly and unlawfully terminated
  3. Whether the Petitioner has proved that he is owed benefits by any and/or all the Respondents
  4. What is the amount of terminal benefits owed if the answer to (iii) above is in the affirmative
  5. Whether the Petitioner has proved violation of human rights/fundamental freedoms set out in the petition
  6. If answer to (v) above is in the affirmative, what is the amount of damages to be awarded to the Petitioner

Reasoning

The Court notes that there is no written contract and that the nature of work performed by the Petitioner is unclear. There are no pay slips or specific work documents provided, and the Petitioner's positions as directors are not substantiated.

Outcome

The Petition is dismissed.

Authorities cited

Legislation (1)
  • Employment Act, 2007
Cases cited (1)
  • Casmir Nyankuri Nyaberi vs Mwakikar Agencies Ltd 2016 e KLR
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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