Aku v Nakuru Rahisi Wholesalers & another (Employment and Labour Relations Cause E267 of 2021) [2023] KEMC 294 (KLR) (25 May 2023) (Judgment)
- Court
- Magistrate's Courts
- Case number
- 294
- Citation
- [2023] KEMC 294 (KLR)
- Decided
- 25 May 2023
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeEmployment and Labour RelationsPostureClaim against Respondents for unfair dismissalCoramMbaru
Holding
The court finds the claimant was not an employee of the 1st Respondent and dismisses the claim.
Facts
Claimant alleges he was employed by 2nd Respondent as a security guard from 2000 to 2004, then absorbed by 1st Respondent in 2005. He claims unfair dismissal in 2020 due to Covid-19, but was not paid for August 2020. 1st Respondent denies this and claims claimant was always their employee.
Issues
- Whether the claimant was an employee of the 1st Respondent
- Whether the claimant's termination was unfair
Reasoning
The claimant failed to prove he was employed by the 1st Respondent and was absorbed by them. He did not serve the 2nd Respondent and his evidence was deemed unreliable.
Outcome
Dismissal of the claim
Authorities cited
Legislation (2)
- Employment Act No.11 of 2007
- Evidence Act
Cases cited (3)
- Kenya Hotels & allied Workers union - Versus – Alfajiri Villas (Magufa Ltd) (2014) eKLR
- Christine Adot Lopeyio – Vs – Wyclie Mwathi Pere (2013) e KLR
- Ndungu Kimanyi – Versus – Republic (1976-1980) KLR 1444
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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