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Employment & Labour

Statement of Claim (ELRC) template (Kenya)

What it is for

A sample Statement of Claim (ELRC) for use in Kenya, drafted under the Employment and Labour Relations Court and the Employment Act Cap 226.

The Kenyan law it follows

  • Employment and Labour Relations Court (Procedure) Rules, 2024 (L.N. 133 of 2024) — rule 7 (a claim is instituted by a statement of claim: its contents, and the verifying affidavit, list of witnesses, witness statement and documents that accompany it); rule 9 (signed by the claimant or the claimant's advocate); rule 29 (response within twenty-eight days of service); rule 84 (the 2016 Rules revoked)
  • Employment Act Cap 226 — s.28 (annual leave), ss.35 and 36 (notice; payment in lieu), s.41 (notification and hearing), s.45 (unfair termination), s.49 (remedies, compensation not exceeding twelve months' wages)

Who prepares it

This is normally drawn by an advocate, and where it is a court paper, filed by one. The sample shows what the finished document looks like.

Draft this for your matter

Advocates draft this on Lex from their own facts and download it in Word. If you need one prepared for you, find an advocate.

Sample statement of claim (elrc)

The first part of the sample is shown here. The names, amounts and facts are made up to show how the document reads.

REPUBLIC OF KENYA IN THE EMPLOYMENT AND LABOUR RELATIONS COURT AT NAIROBI CAUSE NO. ________ OF 20____ BETWEEN: BEATRICE WANJIRU KAMAU ..................................... CLAIMANT -VERSUS- SUNRISE SUPERMARKETS LIMITED ..................................... RESPONDENT STATEMENT OF CLAIM (Under rule 7 of the Employment and Labour Relations Court (Procedure) Rules, 2024) REPUBLIC OF KENYA IN THE EMPLOYMENT AND LABOUR RELATIONS COURT AT NAIROBI CAUSE NO. ________ OF 20____ BEATRICE WANJIRU KAMAU..............................................................CLAIMANT -VERSUS- SUNRISE SUPERMARKETS LIMITED................................................RESPONDENT STATEMENT OF CLAIM 1. The Claimant is BEATRICE WANJIRU KAMAU, an adult, of Post Office Box Number 7710-00100, Nairobi, and her address for service is care of Njambi Oduor & Company Advocates, Post Office Box Number 61200-00200, Nairobi. 2. The Respondent is SUNRISE SUPERMARKETS LIMITED, the Claimant's former employer, of [Respondent postal address]. 3. The Claimant was employed by the Respondent as a Branch accountant from 1 February 2019 to 31 May 2026, earning a gross monthly salary of KES 85,000. 4. On 31 May 2026 the Respondent dismissed the Claimant by letter dated 31 May 2026. 5. The reason given for the dismissal was alleged cash shortages. 6. The Respondent did not issue the Claimant with a show-cause letter. 7. The Respondent did not accord the Claimant a hearing before dismissing her. 8. The Respondent did not pay the Claimant one month's notice. 9. The Respondent did not pay the Claimant 18 days of accrued annual leave.

The rest of this statement of claim (elrc) is for Lex members

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This is a sample for general information. It is not legal advice and may not suit your situation. Laws change, and a document has to fit your own facts; have an advocate check it before you rely on it.