Lazaro W. Wanyonyi v Night Armour Security Services [2018] KEELRC 2365 (KLR)
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
#Key legal issues
#Proof of overtime and public holiday work
The claim for work on Sundays and public holidays was dismissed as implausible and unproved
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.
Proof of underpayment against the gazetted minimum wage
The underpayment claim failed because the Claimant did not produce the rates for a watchman/guard to show entitlement above Kshs. 7,000/-
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.
Overall burden of proof
The entire claim was dismissed because the Claimant did not discharge the burden of proof on a balance of probabilities
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.
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.The Claimant's claim on work during Sundays and public holidays is dismissed
- 2.The Claimant's entire claim is dismissed for failure to prove it on a balance of probabilities
- 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.