The Employment and Labor Relations Court has delivered a harsh lesson on the sanctity of evidence, throwing out a Sh1.3 million commission claim by a former salesman in a ruling that sets a high bar for employee compensation disputes.

Justice Stella Rutto, in a judgment delivered on January 23, 2026, dismissed the suit filed by a Mr. Kariuki against Redachem East Africa Limited. The judge termed the claim "speculative," dismantling the plaintiff's argument that he was entitled to a share of the company’s profits simply because he had received such payments in the past.

The Burden of "Strict Proof"

Kariuki’s case rested on the premise of "legitimate expectation." He argued that having received commissions in 2020 and 2021, the company was contractually bound to pay him 6 per cent of the gross profit for 2022. However, he failed to produce the one thing the court demanded: the math.

"He who alleges must prove," Justice Rutto asserted. The court found that Kariuki had not provided a shred of evidence to show the company had actually made a profit in 2022, nor did he offer a breakdown of how he arrived at the Sh1.35 million figure. It was a fatal legal oversight.

• The Practice vs. The Contract: The court ruled that a "practice" of paying bonuses does not automatically mutate into a contractual right, especially when the financial preconditions for that bonus are not proven to exist.
• The Employer’s Defense: Redachem East Africa successfully argued that commissions were discretionary and performance-based, not an automatic entitlement attached to the salesman’s salary.

A Warning to Employees

The ruling sends a chilling wave through the sales industry, where informal commission structures are common. Justice Rutto’s message is unequivocal: without a written contract explicitly detailing commission formulas, or concrete financial records proving the employer's profitability, an employee's "expectation" holds no water in a court of law.

For Kariuki, the loss is double-edged; he not only forfeits the Sh1.3 million but leaves the courtroom with a legal bill and a bruised professional reputation. The gavel has fallen, and the precedent is set: in the eyes of the law, close enough is not good enough.