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ELRCPartially AllowedNot stated in the judgment· [2025] KEELRC 66 (KLR)

Makokha & another v Buckram Security Limited (Employment and Labour Relations Cause E584 of 2022) [2025] KEELRC 66 (KLR)

Employment and Labour Relations Court
21 January 2025
2,916 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~12 min to read original · ~4 min brief

The bottom line

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A Kenyan security firm that couldn't prove how it ended employment or that it paid wages was ordered to pay two guards over Kshs 500,000 combined.

What this practically means

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Executive summary

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Two security guards sued Buckram Security Ltd for unfair termination and terminal dues, alleging verbal dismissal without notice or valid reasons, four months' unpaid wages, underpayment against the 2018 minimum wage order, unpaid house allowance, overtime, rest days, holidays, leave, service pay and damages, claiming 12 months' compensation each. The Respondent admitted an employment relationship but described the Claimants as casual workers engaged at Kshs 300 daily, denied dismissing them (asserting one was rejected by clients and the other absconded), pleaded financial hardship due to COVID-19, and contested jurisdiction and proof. Examining the evidence, the court found that although the Respondent admitted the employment relationship, it produced no evidence of how the relationship was terminated or proof of salary payments. It therefore held the Claimants were unlawfully terminated. The court awarded each Claimant one month's salary in lieu of notice (Kshs 9,000), three months' salary as compensation for unlawful termination (Kshs 27,000) given the short seven-month engagement, four months' unpaid salary (Kshs 36,000), underpayment differentials (Kshs 105,930 and Kshs 127,960), and house allowance as prayed (Kshs 60,210 and Kshs 66,545.5), totalling Kshs 238,140 for the 1st Claimant and Kshs 266,505.5 for the 2nd, less statutory deductions. It declined the 12 months' compensation sought and did not address overtime, holiday, leave or service pay heads. The Respondent was ordered to issue certificates of service and to pay costs plus interest from the judgment date, delivered virtually at Nairobi on 21st January 2025 by Hellen Wasilwa, Judge.

Key legal issues

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01

Unlawful termination of employment

Holding

Termination was unlawful because the Respondent admitted the employment relationship but led no evidence of the manner of termination or proof of payment

Reasoning

The Respondent admitted employing the Claimants but only casually denied the claims of non-payment and gave no proof of the payments or of how the engagement ended. With no evidence of the manner in which the relationship was terminated, the court accepted the Claimants' own account that they were unlawfully terminated, and found for them on liability.

p. 5
02

Quantum of compensation for unlawful termination

Holding

Three months' salary awarded as compensation instead of the 12 months sought, taking into account the short 7-month period of engagement

Reasoning

Although the Claimants sought the maximum 12 months' compensation under Section 49 of the Employment Act, the court limited compensation to 3 months' salary (Kshs 27,000 each), expressly citing the short time of engagement (October 2021 to May 2022, approximately 7 months).

p. 5
03

Underpayment contrary to wage regulation orders

Holding

Respondent directed to pay the difference between Kshs 9,000 paid and the prescribed minimum wages of Kshs 13,512.90 (day guard) and Kshs 15,141.95 (night guard) under the 2018 wages regulation

Reasoning

The Claimants were paid Kshs 9,000 monthly contrary to the minimum wage prescribed by the Regulation of Wages (General) (Amendment) Order 2018 for security guards. The court awarded the underpayment differential of Kshs 105,930 for the 1st Claimant and Kshs 127,960 for the 2nd Claimant.

p. 5

Legal principles established

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  • Where an employer admits an employment relationship but produces no evidence of how it was terminated or of payment of salaries, the employee's account of unlawful termination is accepted

Court orders

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  1. 1.1 month's salary in lieu of notice of Kshs 9,000/- to each Claimant
  2. 2.3 months' salary as compensation for unlawful termination (Kshs 27,000) to each Claimant given the short period of engagement
  3. 3.Payment of 4 months' unpaid salary of Kshs 36,000/- to each Claimant
  4. 4.Underpayment of salaries awarded at Kshs 105,930 (1st Claimant) and Kshs 127,960 (2nd Claimant)
  5. 5.House allowance awarded as prayed at Kshs 60,210 and Kshs 66,545.5 respectively
  6. 6.Totals: 1st Claimant Kshs 238,140/- and 2nd Claimant Kshs 266,505.5/- each less statutory deductions
  7. 7.Claimants to be issued with a certificate of service
  8. 8.Respondents to pay costs of the suit plus interest at court rates from the date of judgment
Jurisdiction invoked
Employment and Labour Relations Court Act, 2011 and ELRC (Procedure) Rules, 2016 as invoked in the Statement of Claim; judgment does not cite a specific jurisdictional provision

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, "Makokha & another v Buckram Security Limited (Employment and Labour Relations Cause E584 of 2022) [2025] KEELRC 66 (KLR)", Case Analysis (2025). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/66/eng@2025-01-21

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