Kennedy Ogweno Otieno v Bedrock Holdings Limited [2022] KEELRC 565 (KLR)
The bottom line
#What this practically means
#Executive summary
#Key legal issues
#Limitation under section 90 of the Employment Act
Only dues accruing within three years of filing suit are recoverable; claims accruing before 22nd February 2015 are time barred
The suit was filed on 23rd February 2018 seeking dues allegedly accruing from 2012. Under section 90 of the Employment Act, such claims must be brought within three years of accrual. The court therefore restricted recovery to dues accruing from 22nd February 2015 onwards, excluding underpayment and other dues claimed for earlier periods.
Underpayment against statutory minimum wage
The Claimant is entitled to underpayment for the limitation period as per Legal Notice No. 117 of 2015, amounting to Kshs. 50,931.10 as pleaded
Relying on the authority cited by the Claimant that an employer must pay at least the statutory minimum wage regardless of what the employee accepted, the court awarded the underpayment computed under Legal Notice No. 117 of 2015, but only for the period not caught by limitation. The award was made as pleaded, in the sum of Kshs. 50,931.10.
House allowance and leave pay
House allowance of Kshs. 18,694.60 and leave pay of Kshs. 11,765.80 awarded for the limitation period
The court found the Claimant entitled to unpaid house allowance within the same limitation period, awarding the pleaded sum of Kshs. 18,694.60, and further found him entitled to leave payable for the period, awarding Kshs. 11,765.80. These awards were made as pleaded and formed part of the total award of Kshs. 81,391.50.
Burden of proof for overtime and other heads
The Claimant failed to prove overtime, public holiday pay, uniform fee refund, soap allowance and leave travelling allowance
On cross-examination the Claimant conceded there was no evidence supporting his overtime and public holiday claims. The court noted the Respondent's reliance on sections 107 and 108 of the Evidence Act placing the burden of proof on the Claimant. Those unproved heads were therefore not awarded.
Legal principles established
#- Terminal dues claims are subject to the three-year limitation period under section 90 of the Employment Act, computed backwards from the date of filing suit
Court orders
#- 1.Award of underpayment for the period covered by Legal Notice No. 117 of 2015 of Kshs. 50,931.10 as pleaded
- 2.Award of unpaid house allowance of Kshs. 18,694.60 as pleaded
- 3.Award of leave pay of Kshs. 11,765.80
- 4.Total award of Kshs. 81,391.50 less statutory deductions
- 5.Costs of the suit to the Claimant
- 6.Interest on the award at court rates with effect from the date of judgment
- Jurisdiction invoked
- Employment and Labour Relations Court jurisdiction over employment and labour relations claims (Employment Act; limitation under section 90 Employment Act applied)
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.
Cite this brief
#Cite this brief
Caselaw, "Kennedy Ogweno Otieno v Bedrock Holdings Limited [2022] KEELRC 565 (KLR)", Case Analysis (2022). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2022/565/eng@2022-03-09
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.