Skip to content
AI-generated case briefs sourced from Kenya Law · Not legal advice
AI-generated case brief
Case Brief · caselaw.co.ke
ELRCDismissedNot stated in the judgment· [2018] KEELRC 2365 (KLR)

Lazaro W. Wanyonyi v Night Armour Security Services [2018] KEELRC 2365 (KLR)

Employment and Labour Relations Court
20 December 2017
432 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~2 min to read original · ~4 min brief

The bottom line

#

A Kenyan court dismissed a former security guard's entire employment claim because he couldn't prove his allegations with evidence, even though the employer never showed up to defend itself.

What this practically means

#

Executive summary

#
The Claimant, a security guard engaged in January 2013 and earning Kshs. 7,000/- per month, sued on 25th September 2014 alleging unlawful summary dismissal on 23rd April 2014 without notice and in breach of natural justice and Section 41 of the Employment Act. He sought salary for April 2014, one month's notice pay, annual leave, severance pay, twelve months' compensation for unfair dismissal, underpayment against the gazetted minimum wage for a day watchman, house allowance, overtime and public holiday pay, a certificate of service, costs and interest. The suit was undefended and proceeded to formal proof, with the Claimant testifying that he worked 6.00am to 6.00pm daily, including weekends and public holidays, with no off days and no house allowance. The court found the assertion that he worked every single day for over a year, including Sundays and public holidays, without a break to be implausible and dismissed that head of claim. The underpayment claim failed because the Claimant did not produce the rates for a watchman or guard under the Regulation of Wages (Protective Security Services) Order to establish entitlement above Kshs. 7,000/- per month. In the result, the entire claim was dismissed for failure to prove it on a balance of probabilities, with no order on costs.

Key legal issues

#
01

Proof of overtime and public holiday work

Holding

The claim for work on Sundays and public holidays was dismissed as implausible and unproved

Reasoning

The Claimant asserted he worked from 6.00am to 6.00pm daily, including Sundays and public holidays, from January 2013 to April 2014 without a break. The court found this impossible to imagine and dismissed that head of claim, treating it as stretching the bounds of human endurance without supporting proof.

p. 2
02

Proof of underpayment against the gazetted minimum wage

Holding

The underpayment claim failed because the Claimant did not produce the rates for a watchman/guard to show entitlement above Kshs. 7,000/-

Reasoning

Although the Claimant asserted his Kshs. 7,000/- monthly wage was below the prescribed minimum for a day watchman under the Regulation of Wages (Protective Security Services) Order, he did not provide the applicable rates. Without that evidence, the court could not find underpayment.

p. 2
03

Overall burden of proof

Holding

The entire claim was dismissed because the Claimant did not discharge the burden of proof on a balance of probabilities

Reasoning

The suit proceeded undefended, but an undefended suit must still be proved. The Claimant's testimony did not establish the various heads of claim - salary arrears, notice pay, leave, severance, compensation, house allowance and certificate of service - to the required standard.

p. 2

Legal principles established

#
  • A claimant bears the burden of proving the claim on a balance of probabilities, including particulars of wage rates relied upon
  • A claim of work every day including Sundays and public holidays without any break will not be accepted without more

Court orders

#
  1. 1.The Claimant's claim on work during Sundays and public holidays is dismissed
  2. 2.The Claimant's entire claim is dismissed for failure to prove it on a balance of probabilities
  3. 3.No order on costs
Jurisdiction invoked
Original employment and labour relations jurisdiction (Employment Act, Section 41 pleaded); specific enabling provision not stated in the judgment

Key timeline

#

Practical implications

#

Frequently asked questions

#

Cite this brief

#

Cite this brief

Caselaw, "Lazaro W. Wanyonyi v Night Armour Security Services [2018] KEELRC 2365 (KLR)", Case Analysis (2017). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2018/2365/eng@2018-01-17

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