Amwanga v Senaca East Africa Limited (Appeal E047 of 2025) [2025] KEELRC 2323 (KLR)
The bottom line
#Kenya's Employment Court cut a security guard's arrears to just 12 months of underpayment and overtime, confirming periodic wage claims expire quickly.
What this practically means
#Executive summary
#Key legal issues
#Status of the appellant as day or night guard
The written contract dated 28 April 2019 provided for working hours of 6 am to 6 pm, making the position that of a day guard
Section 10(3) of the Employment Act requires a written contract. The contract issued to the appellant specified clause (6) working hours of 6 am to 6 pm, so the court accepted the respondent's account that he was a day guard, and assessed dues on that basis.
Limitation under section 90 of the Employment Act
Underpayments and overtime are continuing injuries accruing daily, weekly or monthly and are claimable only within 12 months of accrual; claims older than that are time-barred
Relying on the Court of Appeal decisions in Rift Valley Railways and German School Society, the court held that housing allowances, overtime and work-hour benefits accrue periodically and fall within the 12-month continuing injury window under section 90, limiting recoverable arrears to the 12 months before termination on 31 January 2023.
Overtime entitlement
Working 12 hours a day for 6 days (72 hours weekly) exceeded the 60-hour maximum, entitling the appellant to overtime for the 12 excess hours, limited to the 12-month limitation window, less amounts already paid
The court calculated the hourly rate from the applicable minimum wage plus 15% house allowance for each period (January–April 2022 and May 2022–January 2023), multiplied by 12 excess hours, 4 weeks and the respective months, totalling Ksh. 76,944.
Costs and interests under section 12(3) of the ELRC Act
Discretionary costs awards must be supported by reasons; none were given, so each party was to bear its own costs
The court found the trial court's costs award unsupported by reasons as required by section 12(3) of the Employment and Labour Relations Court Act, and considering the claims and the justified counterclaim, directed each party to bear its own costs for both appeal and trial.
Legal principles established
#- A wage or benefit that is due daily, weekly or monthly is a continuing injury under section 90 of the Employment Act and must be claimed within 12 months
- Under the Regulation of Wages (Protective Security Services) Order, a security guard is permitted a maximum of 60 hours per week; hours worked beyond that attract overtime
- Notice pay on termination must be computed on the last gross wage, not the basic wage
Court orders
#- 1.Underpayment awarded at Ksh. 53,144.70
- 2.Overtime awarded at Ksh. 76,944
- 3.Counterclaim allowed at Ksh. 17,481.90
- 4.Dues under (a) and (b) to be paid less what is due under (c) and what is already paid at Ksh. 69,443.12
- 5.Each party to bear its costs for the appeal and trial court proceedings
- On appeal from
- Magistrate's Court (ELRC), Mombasa
- Mombasa CMELRC No. E268 of 2023
- Jurisdiction invoked
- First appeal under the Employment and Labour Relations Court Act (trial court's judgment in CMELRC No. E268 of 2023)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Amwanga v Senaca East Africa Limited (Appeal E047 of 2025) [2025] KEELRC 2323 (KLR)", Case Analysis (2025). Mombasa CMELRC No. E268 of 2023 (Appeal). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/2323/eng@2025-07-31
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.