Riley Falcon Security Services Limited v Okwaro (Appeal E041 of 2025) [2025] KEELRC 2575 (KLR)
The bottom line
#Kenya's Employment Court ruled that claims for unpaid overtime and underpayment must be filed within 12 months of leaving a job, setting aside an award to a former night guard.
What this practically means
#Executive summary
#Key legal issues
#Limitation of overtime and underpayment claims
Overtime and underpayment claims are continuing injuries under section 90 and claims dating back to 2016-2018 were time-barred when the suit was filed in October 2021
The court applied section 90 of the Employment Act, citing authority that benefits accruing daily, weekly or monthly are continuing injuries attracting a 12-month limitation period from cessation. Each annual fixed-term contract was a distinct employment relationship, so claims predating October 2020 were time-barred.
Leave pay
Accrued leave days were compensated in the final dues and any accumulation beyond 18 months is impermissible under section 28(4)
The final dues tabulation included accrued leave days cashed at Ksh.9,989.60, which payment was not challenged. Section 28(4) permits accumulation of leave only up to 18 months, so the magistrate's award of leave pay for 2018 and 2019 was not sustainable.
Costs and interest
Employment claims do not attract costs and where justified reasons must be given; the magistrate's award was unjustified
The court reaffirmed that employment claims do not ordinarily attract costs and that where costs are awarded reasons must be stated. The learned magistrate did not give adequate reasons, so the award of costs could not stand.
Legal principles established
#- Claims for overtime, unpaid salary and other benefits accruing daily, weekly or monthly are continuing injuries that must be brought within 12 months under section 90 of the Employment Act
- A fixed-term contract is lawful and each contract forms a distinct and separate employment relationship
Court orders
#- 1.Appeal allowed
- 2.Judgment in Mombasa CMELRC No. E674 of 2021 set aside in its entirety
- 3.Each party to bear its costs
- On appeal from
- Magistrates' Court (ELRC), Mombasa
- CMELRC No. E674 of 2021
- Jurisdiction invoked
- First appellate jurisdiction over the magistrates' court (Employment and Labour Relations Court Act; appeal from CMELRC No. E674 of 2021)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Riley Falcon Security Services Limited v Okwaro (Appeal E041 of 2025) [2025] KEELRC 2575 (KLR)", Case Analysis (2025). Mombasa CMELRC No. E674 of 2021 (appeal therefrom). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/2575/eng@2025-09-25
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.