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ELRCDismissedKisii ELRCA E004 of 2024· [2025] KEELRC 1783 (KLR)

Arogo v Board of Management Nyanchwa Preparatory School & another (Appeal E004 of 2024) [2025] KEELRC 1783 (KLR)

Employment and Labour Relations Court
18 June 2025
NMNzioki wa Makau
1,229 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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A Kenyan employee lost his appeal because he couldn't prove his claims for unpaid leave and statutory deductions with evidence.

What this practically means

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Executive summary

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This is a first appeal to the Employment and Labour Relations Court at Kisii against the judgment of the Trial Magistrate in a employment claim filed by statement of claim dated 29th January 2020. The Appellant had sought declarations of unfair labour practices, payment of withheld salary and deductions of Kshs. 144,400/-, salary in lieu of notice, and remittance of KRA PAYE and NSSF deductions. Before hearing, the Trial Court entered judgment on admission of Kshs. 130,420/-, leaving Kshs. 13,980/- to be litigated. The Respondents' appeal against an adjournment ruling was dismissed on 29th November 2023 after they deposited Kshs. 350,000/- as security. The Trial Magistrate thereafter held that the suit was fully settled upon release of that security and dismissed the claims for salary in lieu of notice, unpaid leave, and statutory deductions. On appeal, the Appellant argued that the aggregate payments of Kshs. 664,060/- across three related claims fell short of the Kshs. 1,175,623/- claimed, and that he was entitled to 63 days unpaid leave under section 28 of the Employment Act. The Respondents maintained that the claims were fully settled and that unproven monetary claims were properly dismissed. Nzioki wa Makau, J., reiterating the duty of a first appellate court to re-evaluate the evidence, held that the Trial Magistrate correctly dismissed the claims for unpaid leave and statutory deductions for want of evidence, since monetary claims must be specifically pleaded and strictly proved. The appeal was dismissed and the Trial Court's judgment affirmed.

Key legal issues

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01

Duty of a first appellate court

Holding

The appellate court must re-evaluate the trial evidence and reach its own conclusions, giving allowance for not having heard the witnesses.

Reasoning

The court restated the standard duty of a first appellate court, noting it lacked the advantage of the trial court in observing witnesses, and therefore undertook its own re-evaluation of the claims and payments before affirming the trial outcome.

p. 3
02

Proof of monetary claims (unpaid leave, statutory deductions)

Holding

Such claims fail where not specifically pleaded and strictly proved; the Trial Magistrate correctly dismissed them.

Reasoning

The appellant's claims for unpaid leave under section 28 of the Employment Act and for remittance of KRA and NSSF deductions were dismissed at trial for want of evidence. The appellate court held the dismissal was proper because monetary claims require specific pleading and strict proof.

p. 3

Legal principles established

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  • A first appellate court must re-evaluate and re-examine the evidence afresh and reach its own conclusions while allowing for the disadvantage of not having seen or heard the witnesses.
  • Monetary claims must be specifically pleaded and strictly proved before they can be awarded.

Court orders

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  1. 1.Appeal dismissed (judgment of the Trial Court upheld in its entirety, per 'Orders accordingly')
On appeal from
Magistrate's Court at Kisii
MCELRC (statement of claim dated 29th January 2020)
Jurisdiction invoked
First appeal from the Magistrate's Court to the Employment and Labour Relations Court (statutory appeal)

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, "Arogo v Board of Management Nyanchwa Preparatory School & another (Appeal E004 of 2024) [2025] KEELRC 1783 (KLR)", Case Analysis (2025). Kisii ELRCA E004 of 2024. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/1783/eng@2025-06-18

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