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Educational sample. Replace bracketed fields using your evidence.
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS COURT AT KAKAMEGA
EMPLOYMENT AND LABOUR RELATIONS CAUSE NO [reference]
[CLAIMANT] v [RESPONDENT]
WITNESS STATEMENT
1. I am [worker]. I describe how I came to undertake work at [farm], including who approached me, the words used, the agreed duties and remuneration, and who was present. Where I cannot recall a precise date I say so.
2. My daily work consisted of [truthful duties]. Instructions were given by [identified person] through [actual method], with reporting and supervision as [described]. I distinguish occasional assistance or independent work from the employment arrangement alleged.
3. I received payments by [cash or transfer] at [actual intervals]. I identify the sender and reason known to me. The genuine statements cover [period]; other months are supported by [truthful witnesses or records], or are expressly unproved.
4. I rely on [chief letter or permits] only for their proper purpose. I cannot establish their authors observations without calling or otherwise properly admitting that evidence. I do not claim that ownership of the farm proves my employment.
5. The alleged land-purchase deductions occurred as [actual facts]. The seller, agreed price and payment trail are [identified]. Any inability to obtain the seller evidence or distinguish salary from purchase payments is openly stated.
6. The work ended through [truthful event and communication]. I identify the witnesses to that event and any later demand. I ask that my claim be assessed on these facts and genuine records; absence of a defence does not replace evidence.
DATED at [place] on [date]. Signed [party or advocate]. DRAWN AND FILED BY [name and address for service]. TO BE SERVED UPON [each affected person and address].
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An advocate confirms availability, scope and fees before accepting your matter.Educational reconstruction from a reported decision. Newly drafted sample, not an original filing or a matter handled by our team. Identifying details are replaced with bracketed fields. Verify the facts, law, jurisdiction and court directions before use.
Use and evidence notes
Use the witness own truthful account, distinguish observed events from named information sources and identify bundle pages and authenticating witnesses. Follow the actual trial or succession witness directions. Additional evidence and statements require any applicable leave. An appeal ordinarily uses the admitted trial record; a new statement cannot be inserted without the proper procedure. Verify the ELRC Procedure Rules 2024 and 2025 amendments, or the applicable designated subordinate-court procedure, and current directions. Assess section 90 for each employment claim.
Supporting material: [date]; [author or custodian]; [description]; [bundle page]; [authenticating witness]; [admission or permission]. Attach genuine records only. This public specimen contains no exhibits, signatures, personal identifiers or sworn declaration.
Source facts and limits of the decision
A claimant described eleven years of farm management, alleged very low monthly pay and claimed employment benefits. The claim was undefended. Irregular payments covered only part of the period; owner permits, a chief letter without its author and a claimed land transaction did not prove employment or salary deductions.
The Court dismissed the claim because the employment relationship was not proved, notwithstanding absence of a defence. No claimed benefits or certificate of service were awarded; there was no order as to costs.
An undefended claim still requires proof of the legal relationship and each remedy. Absence of a written contract does not itself disprove employment. Historical wage rates, disputed deductions and severance must not be converted into automatic entitlements; section 90 and the correct period-specific law require assessment.
Read the original reported decision: [2026] KEELRC 220 (KLR) — 29 January 2026
The original decision may identify participants. The specimen replaces their identifying details. Primary judicial heading, relevant pleaded positions, evidence, reasons and orders checked. Trial and appeal courts are distinguished. Newly drafted educational reconstructions, not original filings or matters handled by our team. No genuine exhibits, signatures, later-order assurance or licensed-advocate review supplied. Check the actual file and current law and directions.
Related law and procedural rules
Constitution of Kenya · Civil Procedure Act · Civil Procedure Rules · Evidence Act · Employment Act · Employment and Labour Relations Court Act
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