Obia v JRS Group Limited (Appeal E061 of 2024) [2025] KEELRC 1216 (KLR)
The bottom line
#A Kenyan court confirmed a guard's dismissal was fair, but still increased his pay award to Kshs.180,702 for underpayment and unpaid leave.
What this practically means
#Executive summary
#Key legal issues
#Fairness of termination
Termination was substantively and procedurally fair; appellant signed notices, hearing conclusion and did not appeal
The record showed notices to show cause, prior warnings, a hearing with a person of the appellant's choice, a signed committee conclusion terminating employment effective 23rd September 2021 with a 7-day right of appeal which the appellant did not exercise. The appellant, who alleged constructive dismissal, gave no circumstances and bore the burden of proof which he failed to discharge.
Underpayment computation and limitation
Appellant entitled to underpayment for 3 years only, recalculated at Kshs.147,924.00 per Regulation of Wages (General) Amendment Order 2018
Although the appellant agreed to the salary, the minimum wage is a prescription of law binding on the employer. However, claims are subject to the 3-year limitation in Section 90 of the Employment Act, so only underpayment within 3 years up to 23rd September 2021 was recoverable, and the trial court's computation was found too low.
Leave allowance
Appellant entitled to pay for unutilised leave for 3 years at 21 days per year, Kshs.32,778.00
Annual leave is a statutory right and the respondent adduced no evidence of having provided for it, notwithstanding that the appellant never applied for leave. The court recalculated the award upward from the trial court's figure.
Overtime and rest days
Both claims failed for lack of verifiable supporting evidence
The appellant did not demonstrate when overtime was worked or demanded, and the claim assumed he worked every day including days of absence, suspension or training. Similarly no verifiable evidence of working on rest days existed, and RWI confirmed a 6-day working week.
Legal principles established
#- For a termination to pass the fairness test there must be both substantive justification and a fair procedure
- An appellate court will not interfere with findings of fact of a trial court unless based on no evidence or on wrong principles
- The burden of proving unfair termination lies on the employee
- Gratuity must have a contractual or collective agreement basis to be payable
Court orders
#- 1.Award of underpayment of Kshs.147,924.00
- 2.Award of leave pay of Kshs.32,778.00 (total award Kshs.180,702.00)
- 3.All other awards by the trial court upheld
- 4.Each party to bear own costs of the appeal
- On appeal from
- Senior Principal Magistrate's Court
- George Otieno Obia v JRS Group Limited
- Jurisdiction invoked
- First appeal to the Employment and Labour Relations Court (stated as a first appeal; no specific constitutional provision invoked)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Obia v JRS Group Limited (Appeal E061 of 2024) [2025] KEELRC 1216 (KLR)", Case Analysis (2025). Not stated in judgment (appeal against SPM judgment of 16th September 2024). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/1216/eng@2025-04-30
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.