On 5 October 2026 the Employment and Labour Relations Court considered a claim by a project‑management consultant who sought Ksh5.31 million from a construction firm, alleging unpaid earnings and other employment benefits after his engagement ended.

The claimant’s consultancy agreement set a monthly fee of Ksh180,000 and he asserted that he was owed Ksh1.98 million for 11 months of work, plus Ksh720,000 in house allowance and additional employment‑related claims.

The construction company countered that the relationship was purely commercial, that the claimant had ceased providing services, and that any claim for employee benefits required proof of an employer‑employee relationship.

Justice Hellen Wasilwa examined the written contract, which consistently described the claimant as a consultant and stipulated that consultancy fees were payable only upon submission of monthly invoices detailing services rendered.

The judge noted that the agreement would remain in force until the project’s completion or earlier termination, and observed that the claimant had failed to provide the required invoices or supporting documents for the alleged unpaid fees.

Concluding that the claimant had not established an employer‑employee relationship, the court dismissed the claim as a breach of contract matter rather than an employment dispute, rejecting the request for employee benefits.