Oruku v Captain Hawk Security Services Limited (Employment and Labour Relations Cause E086 of 2022) [2026] KEMC 897 (KLR) (28 July 2026) (Judgment) Neutral citation: [2026] KEMC 897 (KLR) REPUBLIC OF KENYA IN THE NAKURU LAW COURTS EMPLOYMENT AND LABOUR RELATIONS CAUSE E086 OF 2022 PA NDEGE, SPM JULY 28, 2026 BETWEEN DICKSON OKIRU ORUKU .................................................................... CLAIMANT AND CAPTAIN HAWK SECURITY SERVICES LIMITED ..................... RESPONDENT JUDGMENT 1. The claimant, Dickson Okiru Oruku, instituted this suit by ling a memorandum of claim dated 04/03/2022 seeking the following prayers against the Respondent Captain Hawk Security Services LTD: a. Underpayments of Kshs 164,586.60/- b. Normal overtime of Kshs. 139,948.05/= c. O-duties of Kshs. 76,021.15/= d. Public holidays of Kshs. 31,099.55/= e. Leave due of Kshs. 19,275.80/= f. Service pay of Kshs. 8,071.85 Total amount Kshs. 439,003.00/= g. 2. Costs of this claim The respondent at rst did not enter appearance and the matter proceeded undefended which culminated in an ex parte judgment dated 20/07/2023. The ex parte proceedings were subsequently set aside and the hearing commenced in the presence of the respondent. The respondent however failed to call any witness nor adduce any evidence in its defence, and as correctly submitted by the learned https://new.kenyalaw.org/akn/ke/judgment/kemc/2026/897/eng@2026-07-28 1
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counsel for the claimant, its averments in its response/ defence herein remain bare denial/ statements that do not aect the claimant’s case in any way. 3. I thus do hereby nd no evidence to make me vary my ex parte judgment and decree issued on 20/07/2023. Judgment is therefore hereby entered in favour of the claimant to the tune of Kshs. 439,003/- as particularized in my earlier judgment dated 20/07/2023, which I do reiterate in its entirety herein. The defense’s cross-examination of the claimant did not do any damage to the claimant’s evidence herein and the claimant further therefore gets the costs of this claim. DATED, SIGNED AND DELIVERED IN NAKURU VIRTUALLY THIS 28TH DAY OF JULY, 2026 HON. ALOYCE PETER NDEGE SENIOR PRINCIPAL MAGISTRATE In the presence of Wangari for the claimant Tombe Presnet for the Respondent Claimant: n/a Respondent: n/a Tombe: Praying for 30 days stay Wangari: No objection. CT: 30 days stay granted. https://new.kenyalaw.org/akn/ke/judgment/kemc/2026/897/eng@2026-07-28 2
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