Samuel Bundi Mokora v Musa Chebirige T/A Farmers Inn Club [2019] KEELRC 2596 (KLR)
The bottom line
#A Kenyan court awarded a security guard underpaid wages and notice pay but refused compensation for unfair termination because he did not properly explain why it was unfair.
What this practically means
#Executive summary
#Key legal issues
#Unfair termination claim
Not established; the claimant did not plead the circumstances of termination
Although the claimant alleged termination without notice or hearing, the pleadings and witness statement were left bare on the circumstances. Section 47(5) of the Employment Act places an evidentiary threshold on the employee to set out the unfair circumstances before the employer need justify the termination. That threshold was not met, so compensation was refused even in the respondent's absence.
Underpayment of wages
Allowed; to be tabulated by the County Labour Officer, Nakuru per applicable wage orders
The claimant worked as a security guard from January 2000 to October 2013. The court noted the applicable law was the repealed Employment Act Cap 226 up to 2007 and the Employment Act, 2007 from 2 June 2008 with transitional provisions, and directed assessment of dues under the applicable wage orders.
Annual leave and limitation
Only leave for the last two years of service payable; earlier claims abate
Leave accrues yearly and must be taken or secured within 18 months of accrual. Applying section 28 of the Employment Act, 2007, section 90 on continuing injuries, and the limitation principles in Gathoni v Kenya Co-operative Creameries, the court held older leave claims are time-barred and only the last two years survive.
Legal principles established
#- An employee claiming unfair termination must set out the unfair circumstances of the termination before the employer is called to justify it
- Limitation law protects defendants against unreasonable delay in bringing suits
- Gratuity is a contractual benefit distinct from statutory service pay
Court orders
#- 1.Judgment entered for the claimant against the respondent for underpayments due from January 2000 to October 2013 for a security guard
- 2.Notice pay for one month gross wage
- 3.Annual leave for 2 years at 42 days based on basic pay
- 4.Matter referred to the County Labour Officer, Nakuru for tabulation of the dues
- 5.Report and mention on 6th February 2010 (as printed)
- 6.Claimant awarded costs
- Jurisdiction invoked
- Employment and Labour Relations Court jurisdiction over employment disputes (Employment Act, 2007)
Key timeline
#Practical implications
#Frequently asked questions
#Later judgments citing this (1)
#Judgments in the corpus that rely on this one. Where the Court said how it treated the authority, that is shown.
- Opiyo v Bedrock Holdings (Cotec Security Group Limited) (Appeal E006 of 2025) [2025] KEELRC 1697 (KLR)[2025] KEELRC 1697 (KLR)12 Jun 2025
Cite this brief
#Cite this brief
Caselaw, "Samuel Bundi Mokora v Musa Chebirige T/A Farmers Inn Club [2019] KEELRC 2596 (KLR)", Case Analysis (2019). Cause No 224 of 2015. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2019/2596/eng@2019-12-17
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.