Florence Moige Siro v G4s Kenya Limited [2021] KEELRC 824 (KLR)
The bottom line
#A Kenyan court dismissed a former G4S employee's entire claim because she waited too long to sue and could not prove her dues.
What this practically means
#Executive summary
#Key legal issues
#Whether the claim for compensation for use of the claimant's photograph is time barred
Yes; the claim, whether in tort or contract, is time barred and cannot be sustained for want of jurisdiction
The tortious claim accrued on publication in 1994-1995 and lapsed after three years under section 4(2) of the Limitation of Actions Act; even as a contractual claim it would have lapsed under section 4(1) after six years. No leave was sought to file out of time, so the court lacked jurisdiction.
Whether the claimant proved her terminal dues claim
No; she admitted receiving Kshs 153,390.00 and offered no alternative computation
The claimant admitted receipt of the payment in cross-examination and did not contest the figure as an underpayment or provide any different tabulation, so the burden of proof was not discharged.
Whether the claimant was underpaid overtime
No; payments matched the Regulation of Wages (Protective Security Services) Order, 1998 rates
Pay slips showed payments at 1.5 hours on normal days and 2 hours on rest days, consistent with the Order; the claimant produced no CBA or other evidence of a higher rate, and any recoverable claim was limited to the three years preceding suit by section 90 of the Employment Act.
Legal principles established
#- The issue of limitation goes to jurisdiction and must be addressed first
- Overtime under the Regulation of Wages (Protective Security Services) Order, 1998 is payable at one-and-a-half times the normal rate for excess hours on a normal working day and twice the rate on a rest day
Court orders
#- 1.The claim in its entirety is dismissed with no orders as to costs
- Jurisdiction invoked
- Article 162(2) of the Constitution (employment and labour relations jurisdiction); claims governed by the Employment Act, 2007 and the Limitation of Actions Act
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Florence Moige Siro v G4s Kenya Limited [2021] KEELRC 824 (KLR)", Case Analysis (2021). Cause No 327 of 2017. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2021/824/eng@2021-10-08
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.