Skip to content
AI-generated case briefs sourced from Kenya Law · Not legal advice
AI-generated case brief
Case Brief · caselaw.co.ke
ELRCDismissedMemorandum of Appeal dated 13th December, 2024· [2025] KEELRC 2639 (KLR)

Mochorwa v Bob Morgan Services Limited (Appeal E315 of 2024) [2025] KEELRC 2639 (KLR)

Employment and Labour Relations Court
26 September 2025
2,448 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~10 min to read original · ~4 min brief

The bottom line

#

Kenya's Employment Court dismissed a security guard's appeal, confirming his firing was fair and his terminal dues were paid.

What this practically means

#

Executive summary

#
This was a first appeal to the Employment and Labour Relations Court against the judgment of Hon. H.N.M Ng'ang'a (SPM) in CMEL No. 009 of 2021, by which the trial court upheld the termination of the appellant, a general worker/security guard employed by the respondent. The appellant advanced three grounds: that the trial court erred in finding the termination fair and lawful, in finding that he had committed theft against the respondent's client's property, and in finding that he had been paid his terminal dues. The appeal was disposed of by written submissions. The appellant's counsel argued that no CCTV footage was availed at the disciplinary hearing, that the complainant Mr. Nyambaka was never called as a witness, that Ms. Ann's report was hearsay, and that no bank evidence proved payment of terminal dues. The respondent maintained that CCTV footage showed the appellant accessing the client's bag; that at the disciplinary hearing the appellant admitted opening the bag without consent and switching off the client's ringing phone; that the footage could not be replayed on appeal because the system had overwritten itself; and that terminal dues, including gratuity, were paid into the appellant's bank account. Applying the principles in Peters v Sunday Post Limited [1958] EA 424, the court re-evaluated the evidence. It held the appellant's conduct in switching off the phone of a drunk, sleeping customer was inconsistent with security duties, and that his failure to produce a bank statement defeated his denial of payment of dues. The court found the trial magistrate's conclusions reasonable and declined to interfere. The appeal was dismissed with costs.

Key legal issues

#
01

Whether the termination of the appellant's employment was for valid and fair reasons

Holding

Yes. The appellant admitted accessing the client's bag without consent and switching off the ringing phone; his conduct was inconsistent with security duties and the trial court's finding was a reasonable deduction from the evidence.

Reasoning

The minutes of the disciplinary hearing recorded the appellant's admission that he opened and accessed the client's bag without seeking consent, took the ringing phone, switched it off and returned it. The court held that such conduct by a guard assigned security duties, on a drunk and sleeping customer late at night, cut off communication from those seeking his whereabouts, and justified the employer's genuine belief in the reason for termination.

p. 4
02

Whether the appellant was paid his terminal dues

Holding

Yes. The appellant admitted his salary was regularly paid through his bank and failed to produce a bank statement to show non-receipt of the terminal dues the respondent deposited into his account.

Reasoning

The respondent produced evidence that terminal dues, including gratuity, were processed and paid into the appellant's bank account at CFC-Stanbic. The appellant denied receiving payment but admitted he did not adduce his bank statement to demonstrate non-receipt, so his bare denial could not displace the documentary proof of payment.

p. 5
03

The standard of review applicable to a first appellate court

Holding

The first appellate court must reconsider and re-evaluate the evidence and draw its own conclusions but must give allowance to the trial court's advantage and will not interfere with reasonable findings.

Reasoning

Guided by Peters v Sunday Post Limited [1958] EA 424, the court held that it is not open to the first appellate court to review the findings of a trial court simply because it would have reached different results. Having re-evaluated the record, the court was satisfied the trial magistrate's findings were reasonable and a fair deduction from the evidence presented by the parties.

p. 5

Legal principles established

#
  • On a first appeal, the court is under a duty to reconsider and re-evaluate the evidence and draw its own conclusions, while giving due allowance to the trial court's advantage of seeing and hearing the witnesses, and will not interfere with findings that are reasonable deductions from the evidence.
  • An appellate court will not disturb a trial court's decision merely because it would have reached a different result.

Court orders

#
  1. 1.The Appeal is dismissed with costs
  2. 2.It is so ordered
On appeal from
Magistrates' Court (Employment and Labour Relations)
CMEL NO. 009 of 2021
Jurisdiction invoked
First appellate jurisdiction over the trial magistrate's judgment in an employment claim

Key timeline

#

Practical implications

#

Frequently asked questions

#

Cite this brief

#

Cite this brief

Caselaw, "Mochorwa v Bob Morgan Services Limited (Appeal E315 of 2024) [2025] KEELRC 2639 (KLR)", Case Analysis (2025). Memorandum of Appeal dated 13th December, 2024. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/2639/eng@2025-09-26

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