Elizabeth Awuor Otieno v Core Construction Limited [2021] KEHC 714 (KLR)
- Court
- High Court of Kenya
- Case number
- 714
- Citation
- [2021] KEHC 714 (KLR)
- Decided
- 20 December 2021
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeLabor DisputePostureAppeal DismissedCoramM. MBARU
Holding
There is no employment relationship between the parties, and the court is without jurisdiction to hear the case.
Facts
Claimant was employed as a site manager under a two and a half year contract, but was terminated by an engineer. The claimant sought compensation for notice pay, leave allowance, service pay, and unfair termination.
Issues
- Whether the claimant was an employee or a consultant/agent employed for a service
- Jurisdiction of the court
Reasoning
The court found that the claimant was engaged as a consultant and not an employee, as evidenced by the Letter of Appointment and the nature of the relationship agreed upon.
Outcome
Suit is hereby struck out.
Authorities cited
Cases cited (3)
- Scantly Mungai Muchai v National Oil Corporation of Kenya
- Abyssinia Iron & Steel Limited versus Kenya Engineering Workers Union
- Vitalis Oliewo K’omudho versus AAR Health Services Ltd
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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