Board of Management Siburi Mixed Secondary v Odek (Appeal E039 of 2024) [2025] KEELRC 1459 (KLR)
The bottom line
#Kenya's Employment Court confirmed that ongoing underpayment of wages is a 'continuing wrong', so workers can claim unpaid salaries even years later.
What this practically means
#Executive summary
#Key legal issues
#Whether the underpayment claim was time-barred under section 90 of the Employment Act
The claim was a continuing wrong capable of redress; the limitation argument was rejected
The Court applied the Court of Appeal's decision in The German School Society v Ohany, holding that a continuing wrong creating a continuing source of injury is an exception to the limitation rule. The Learned Magistrate had correctly contemplated the continuing injury and awarded relief, and the Court affirmed those findings.
Whether the quantum awarded (Kshs. 652,072.75) was proper
The award was proper; the salary of a bursar is set by the Ministry of Education and the award did not exceed that provision
The Court found the sums claimed and awarded corresponded to the level of engagement as bursar, whose salary is set by the Ministry of Education, and that the award was not more than what the Ministry provides. It therefore declined to reverse the Magistrate on any ground advanced.
Legal principles established
#- A service-related claim based on a continuing wrong is an exception to the rule rejecting belated claims on the ground of limitation under section 90 of the Employment Act
- A first appellate court must reconsider and evaluate the evidence itself and draw its own conclusions while making allowance for not having seen or heard the witnesses
Court orders
#- 1.The appeal is dismissed
- 2.Costs of the appeal awarded to the Respondent
- 3.The award of Kshs. 652,072.75 in underpayments by the Learned Magistrate is affirmed
- On appeal from
- Magistrates' Court
- Not stated in the judgment
- Jurisdiction invoked
- First appellate jurisdiction over the magistrates' court suit (Employment Act matters); no specific provision cited in the judgment
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Board of Management Siburi Mixed Secondary v Odek (Appeal E039 of 2024) [2025] KEELRC 1459 (KLR)", Case Analysis (2025). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/1459/eng@2025-05-15
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.