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ELRCPartially AllowedAppeal No. E003 of 2026· [2026] KEELRC 2565 (KLR)

Riley Falcon Security Services Ltd v Maurice Oluoch Otieno

Employment & Labour Relations Court of Kenya at Kisumu
24 September 2026
NMNzioki wa Makau
2,460 words in judgment
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The bottom line

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A Kenyan court cut a security guard's award by Kshs. 26,000 for two months he never worked, but upheld every other payment his employer owed him.

What this practically means

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Executive summary

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This was an appeal to the Employment & Labour Relations Court at Kisumu against the judgment of Hon. Benson Ireri (CM) in Kisumu MCELRC No. E213 of 2023, in which the Respondent, a security guard, had been awarded terminal benefits including unpaid salary, half salary for February 2022, severance pay, one month's pay in lieu of notice, compensation for unlawful termination and unpaid leave. The Appellant, Riley Falcon Security Services Ltd, advanced ten grounds of attack, principally that salary for November and December 2022 was unpleaded, that the Respondent did not work in April to June 2021, that February 2022 salary was proved paid, that the leave claim was statute-barred under section 90 of the Employment Act, and that severance pay was unwarranted absent a finding of redundancy. Both sides filed written submissions. The court, per Nzioki wa Makau, J, restated the duty of a first appellate court to re-evaluate the evidence. It found that the claimant's pleadings contained errata as to years and that, the Respondent having been dismissed in March 2022, no salary was due for November and December 2022; that award of Kshs. 26,000/- was deducted from the decretal sum. All other findings of the Trial Court were affirmed, the court noting there was no proof of payment of salary for March 2022. The appeal succeeded only to that limited extent, and as it was only partly successful, each party was ordered to bear their own costs.

Key legal issues

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01

Award of salary for November and December 2022

Holding

The award was erroneous; the pleadings contained errata as to years and the Respondent was dismissed in March 2022, so no salary was due for those months.

Reasoning

The court found the claimant's pleadings were inelegant and contained errata in respect of the years. Since the Respondent was dismissed in March 2022, no salary could be due for November and December 2022, nor for November and December 2023. The award was therefore deducted from the decretal sum.

p. 14
02

Other heads of award (salary for 2021, February 2022, leave, severance, notice, compensation)

Holding

The Trial Court's findings on all other heads were affirmed; there was no proof of payment of salary for March 2022.

Reasoning

Having re-evaluated the evidence, the court found no basis to disturb the Trial Court's awards apart from the two months included without basis. It noted there was no proof of payment of the salary for March 2022 and affirmed the remaining findings of the Trial Court.

p. 14

Legal principles established

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  • A first appellate court must reconsider and re-evaluate the evidence and draw its own conclusions, while bearing in mind it did not see or hear the witnesses.

Court orders

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  1. 1.The award of salary for November and December 2022 (Kshs. 26,000/-) is deducted from the decretal sum
  2. 2.The findings of the Trial Court other than the two months included without basis are affirmed
  3. 3.Each party to bear their own costs
On appeal from
Kisumu MCELRC (Magistrates' Court)
E213 of 2023
Jurisdiction invoked
First appellate jurisdiction over the judgment and decree of Hon. Benson Ireri (CM) in Kisumu MCELRC No. E213 of 2023

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, "Riley Falcon Security Services Ltd v Maurice Oluoch Otieno", Case Analysis (2026). Appeal No. E003 of 2026. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2026/2565/eng@2026-09-24

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