Omuyonga v Fast Security Services Limited (Employment and Labour Relations Appeal E137 of 2023) [2025] KEELRC 1513 (KLR)

The court applied Regulation 3 of the Regulation of Wages (General) Order, which forbids employment at a basic minimum wage less favourable than that prescribed. Since the agreed salary was below the statutory minimum, any agreement to pay less was void. The court used June 2019 (as found by the trial court and not a ground of appeal) as the start date, computing 22 months of underpayment.

Section 31 of the Employment Act permits consolidation only where the contract contains a consolidation provision, but here the basic salary itself violated the minimum wage. The claimant was not housed, so he was entitled to 15% of the basic minimum wage as house allowance under the Wages Order.

RW1 admitted the employer did not contribute to NSSF. Service pay is payable under section 35 to employees not covered by NSSF contributions. The court awarded 15 days' salary per year (18 days' computation applied) for two years of service.

These are claims in the nature of special damages which must be specifically pleaded and strictly proved. The claimant made a blanket claim for the entire employment period without particulars, and the record showed he was on leave on some days, undermining a claim for excess hours throughout. The burden did not shift to the respondent absent a firm evidentiary basis.

Documentary evidence of leave applications signed by the claimant was uncontroverted, and the claimant admitted going on leave for 2019, 2020 and 2021 under cross-examination. The appellate court found no basis to interfere with the trial court's finding.