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ELRCPartially AllowedCause No 11 of 2020· [2025] KEELRC 737 (KLR)

Saisi v Francis Mulama Kadima t/a Kadima & Company Advocate (Cause 11 of 2020) [2025] KEELRC 737 (KLR)

Employment and Labour Relations Court
7 March 2025
ANAGNES KITIKU NZEI
3,872 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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A Kenyan court awarded a former legal assistant Kshs.4.6 million in unpaid salary because his employer kept no proper payment records.

What this practically means

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Executive summary

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The Claimant, formerly an advocate struck off the Roll and permitted to work under Law Society of Kenya supervision, was employed by the Respondent advocate firm as a Legal Assistant from 2010, later as Head of Legal Department and Senior Manager. He claimed salary/allowance arrears of Kshs.4,597,500/= for 2016–2019, unpaid leave allowances, severance pay, commission, damages for constructive dismissal, a certificate of service, costs and interest. In testimony he abandoned the claims for commission, constructive dismissal, severance pay, costs and interest, pursuing only salary arrears, unpaid leave and a certificate of service. The Respondent's defence hearing proceeded through RW-1, an operations manager, who produced unpaginated petty cash vouchers and two bank receipts; no audited accounts, payslips or bank statements were produced. The Court held that under Section 20(1) of the Employment Act the employer must issue written statements with each payment and keep salary records; payment piecemeal is unknown to law. Weighing the evidence, the Court found the salary arrears claim of Kshs.4,597,500/= proved on a balance of probability, holding the claim a continuing injury under Section 89 of the Employment Act and thus filed in time. The unpaid leave claim failed for want of proof and internal contradiction. Judgment was entered for the Claimant for Kshs.4,597,500/= subject to statutory deductions under Section 49(2); a certificate of service was ordered under Section 51(1) within 30 days; and, given the abandonment of the costs prayer, each party was ordered to bear its own costs. Judgment delivered at Nairobi on 7th March 2025 by Agnes Kitiku Nzei, Judge.

Key legal issues

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01

Whether the Claimant proved arrears of salary/allowances for 2016–2019

Holding

Claim proved on a balance of probability and Kshs.4,597,500/= awarded

Reasoning

The Court noted the employer's statutory duty under Section 20(1) of the Employment Act to give written statements with payment and to keep records. The Respondent produced no audited accounts, payslips or bank statements; the vouchers produced showed only Kshs.2,883,700/= paid against a total entitlement of Kshs.7,788,500/= from June 2016 to July 2019. The Claimant's computation was therefore accepted.

p. 8
02

Whether the claim was filed within the statutory limitation period

Holding

Yes; it was a continuing injury and the suit was filed within 12 months of cessation

Reasoning

The Court classified non-payment of salary as a continuing injury under Section 89 of the Employment Act; the injury ceased on resignation on 8th August, 2019, and the suit filed on 14th February, 2020 was within twelve months.

p. 8
03

Whether the Claimant was entitled to unpaid leave allowances

Holding

Claim not proved and declined

Reasoning

The Claimant gave contradictory evidence—first saying he never took leave except Christmas breaks, then that others took leave while he remained. He did not establish the length of the Christmas break or how leave was computed.

p. 8
04

Whether the Claimant was entitled to a certificate of service

Holding

Allowed under Section 51(1) of the Employment Act

Reasoning

Section 51(1) entitles an employee to a certificate of service; the Court ordered issuance within 30 days.

p. 8

Legal principles established

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  • An employer must give a written statement at or before payment of wages and keep records of salary payments; payment of salary piecemeal is not provided for
  • A claim for non-payment of salary/allowances is a continuing injury under Section 89 of the Employment Act, with limitation running from cessation of the injury

Court orders

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  1. 1.Judgment entered for the Claimant against the Respondent for Kshs.4,597,500/= being salary/allowances arrears
  2. 2.The awarded sum shall be subject to statutory deductions pursuant to Section 49(2) of the Employment Act
  3. 3.The Respondent shall issue the Claimant with a Certificate of Service pursuant to Section 51(1) of the Employment Act within 30 days of the Judgment
  4. 4.Each party shall bear its own costs of the suit

Authorities

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Legislation

  • Constitution of Kenya, 2010Article 41(1)
  • Employment ActSection 20(1)
  • Employment ActSection 49(2)
  • Employment ActSection 51(1)
  • Employment ActSection 89 (formerly Section 90)
  • Advocates ActSection 37
  • Advocates ActNot specified
  • Law Society ActNot specified
  • Evidence ActNot specified
Jurisdiction invoked
Employment and Labour Relations Court first-instance jurisdiction over employment claim (Employment Act; Article 41(1) of the Constitution pleaded)

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Saisi v Francis Mulama Kadima t/a Kadima & Company Advocate (Cause 11 of 2020) [2025] KEELRC 737 (KLR)", Case Analysis (2025). Cause No 11 of 2020. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/737/eng@2025-03-07

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.