Wangui & 3 others v Prime Bridge Group Limited (Employment and Labour Relations Cause E391 of 2022) [2025] KEELRC 1124 (KLR)
The bottom line
#A Kenyan employer who failed to pay four workers' salaries and dismissed them without hearing was ordered to pay arrears, notice pay and compensation, though far less than the workers claimed.
What this practically means
#Executive summary
#Questions the Court framed
#The issues the Court set itself to decide, in its own words.
- 1.Whether an employment relationship existed between the Claimants and the Respondent
- 2.Whether the Claimants were on probationary terms at the time of termination
- 3.Whether the Respondent's labour practices were lawful
- 4.Whether the Claimants were entitled to the remedies sought
Key legal issues
#Liability for unlawful termination in an undefended claim
The court found the Respondent had shown dis-interest in defending the claim and that the claimants' evidence of non-payment and dismissals without hearing established unlawful termination
The Respondent's former advocates sought leave to cease acting because the Respondent failed to give instructions, filed no defence and did not appear at the hearing despite service. The court treated the conduct, including non-payment of salaries, as a fundamental breach of the employment contracts, and on that basis found unlawful termination of each claimant's employment, holding them entitled to the relief sought.
Entitlement to relief upon a finding of unlawful termination
On finding unlawful termination, the claimants became entitled to the relief sought, which the court granted in modified form
The court held that a finding of unlawful termination entitled the claimants to relief, and awarded salary arrears, one month's notice pay, and compensation of one month's salary (two months for the 4th Claimant) per claimant, rather than the 12 months' compensation claimed. It ordered each party to bear their own costs.
Legal principles established
#- Non-payment of salaries and related employer misconduct constitutes a fundamental breach of the employment contract entitling the employee to relief for unlawful termination
Court orders
#- 1.1st Claimant: salary arrears of one month Kshs.133,056.21; one month's salary in lieu of notice Kshs.133,056.21; one month's salary as compensation for unlawful termination Kshs.133,056.21; total Kshs.399,168.63
- 2.2nd Claimant: salary arrears for two months Kshs.240,000.00; one month's salary in lieu of notice Kshs.120,000.00; one month's salary as compensation for unlawful termination Kshs.120,000.00; total Kshs.480,000.00
- 3.3rd Claimant: salary arrears for four months Kshs.483,000.89; one month's salary in lieu of notice Kshs.115,000.00; one month's salary as compensation for unlawful termination Kshs.115,000.00; total Kshs.713,000.89
- 4.4th Claimant: salary arrears for two months and 4 days Kshs.588,615.00; one month's salary in lieu of notice Kshs.200,000.00; two months' salary as compensation for unlawful termination Kshs.400,000.00; total Kshs.1,188,615.68
- 5.Each party shall bear their own costs of the claim
The bench
#One judgment of the whole court — no separate or dissenting opinions.
Wrote the judgment
- Jurisdiction invoked
- Employment and Labour Relations Court jurisdiction under Article 41 of the Constitution of Kenya, 2010 and the Employment Act, 2007
Relief refused
#12 months' compensation for unfair labour practices claimed by each Claimant
The court awarded only one month's salary as compensation for unlawful termination instead of the 12 months' compensation sought
Unremitted statutory deductions and certificates of service
Not specifically awarded in the final orders despite being prayed for
Costs of the claim
The court declined to award costs, ordering each party to bear their own costs
Costs
Each party shall bear their own costs of the claim
Quotable passages
#Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.
The conduct of the Respondent, including non-payment of salaries and other misconduct formed a fundamental breach of the claimant contracts of employment. I therefore find a case of unlawful termination of their employment and hold as such.
On a finding of unlawful termination of employment, the claimants become entitled to the relief sought.
I am therefore inclined to allow the claim and order relief as follows;
Each party shall bear their cost of the claim.
Issues in the judgment
#The 4th Claimant's salary arrears total Kshs.588,615.00 does not arithmetically reconcile with the overall total of Kshs.1,188,615.68 stated for that claimant
The Statement of Claim is undated and the judgment does not state the cause number, court station, or neutral citation
The 2nd Claimant's termination letter is described as taking effect on 23rd July 2024, which appears to be an error for 23rd July 2021 as pleaded elsewhere
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Wangui & 3 others v Prime Bridge Group Limited (Employment and Labour Relations Cause E391 of 2022) [2025] KEELRC 1124 (KLR)", Case Analysis (2025). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/1124/eng@2025-03-26
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.