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ELRCPartially AllowedMemorandum of Claim dated 7th November 2024

KUDHEIHA Workers Union v Board of Management Njogu-ini Secondary School (Employment and Labour Relations Cause E024 of 2024) [2025] KEELRC 1330 (KLR)

Employment and Labour Relations Court
9 May 2025
1,205 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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A Kenyan court ordered a school to pay four underpaid workers over Kshs. 1.7 million in salary arrears and house allowance.

What this practically means

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Executive summary

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The claimant union, by a Memorandum of Claim dated 7th November 2024, sued on behalf of four grievants (a copy typist, a cook, a groundsman and an accounts/general clerk) alleging that the respondent school underpaid them from May 2018 to November 2024 contrary to the General Wage Orders of 2018 and 2022, and sought payment of underpaid salary, housing and medical allowances plus costs. The respondent denied the claim but its Principal, testifying as its witness, admitted the conciliation process had recommended salary increases which were not implemented, that the grievants were paid below the 2022 Wage Order minima, and that they were entitled to house allowance. The claimant's Branch Secretary confirmed the conciliator had recommended payment of correct salaries. The sole issue was whether the claimant was entitled to the sums computed in the Amended claim. The court found the underpayment proved on a balance of probability but rejected the claimant's reliance on Column 3 (former Municipalities) rates, holding that it had neither pleaded nor proved the school was within the former Nyeri Municipality; the conciliator's report placed it at Tetu location. Column 4 rates applied. Computing arrears of salary and 15% house allowance under the 2018 Order (48 months) and the 2022 Order (29 months), the court entered judgment for the claimant for an aggregate Kshs.1,729,787.12, with costs and interest at court rate from filing, subject to statutory deduction.

Questions the Court framed

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The issues the Court set itself to decide, in its own words.

  1. 1.whether the claimant is entitled to the payment of sums computed in the Amended claim

Key legal issues

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01

Whether the grievants were entitled to payment of salary arrears for underpayment below the minimum wages in the General Wage Orders of 2018 and 2022

Holding

Yes; the grievants were underpaid and were awarded the arrears computed under Column 4 of the Wage Orders plus 15% house allowance

Reasoning

The court found as fact that the grievants were employed by the respondent throughout the material period and that their salaries were below the minima prescribed in the 2018 and 2022 General Wage Orders. The respondent's Principal admitted the underpayment and entitlement to house allowance. However, the claimant's case was pleaded on Column 3 (former Municipalities) rates, and the claimant failed to prove the school lay within the former Nyeri Municipality; the conciliator's report placed it at Tetu location, 5km from Ihururu shopping centre. The court therefore applied the lower Column 4 rates.

p. 2
02

Whether the school fell under Column 3 (former Municipalities) or Column 4 of the Wage Orders

Holding

Column 4; the school is located outside the former Municipality of Nyeri

Reasoning

The claimant asserted the school was within Nyeri County and thus Column 3, but pleading and proof are required. The conciliator's report dated 29th June 2022, produced by the claimant itself, located the school at Tetu location about 5km from Ihururu shopping centre. This evidence was insufficient to place the school within the former Nyeri Municipality, so the court fixed the minimum salaries under Column 4 of the 2018 and 2022 General Wage Orders.

p. 3

Legal principles established

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  • Section 48 of the Labour Institutions Act incorporates the minimum wage established in a Wage Order as a term of an employee's contract of employment
  • An employer who pays employees below the minimum wages prescribed by the applicable General Wage Order, and without the prescribed house allowance, is liable to pay the arrears

Court orders

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  1. 1.Judgment entered for the claimant in the aggregate sum of Kshs.1,729,787.12 for the four grievants
  2. 2.Costs and interest at court rate from the date of filing the suit
  3. 3.The award is subject to statutory deduction

The bench

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One judgment of the whole court — no separate or dissenting opinions.

majority

Wrote the judgment

Jurisdiction invoked
Employment and Labour Relations Court jurisdiction over employment and salary underpayment disputes; Labour Institutions Act section 48

Relief refused

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Computation of minimum wages under Column 3 (All former Municipalities) of the Wage Orders as pleaded

Claimant failed to plead and prove the school was within the former Nyeri Municipality; the court applied Column 4 rates instead

p. 2

Costs

Costs of the suit awarded to the claimant, with interest at court rate from the date of filing the suit

Quotable passages

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Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.

I am satisfied that the claimant has proved on a balance of probability that the grievants were victims of salary underpayment by the respondent and proceed to compute their dues herein below.
p. 3Burden of proof - underpayment established
Therefore, I find that the school is located outside the former Municipality of Nyeri and minimum salary falls within column 4 of the General Wage Order of 2018 and 2022.
p. 3Applicable wage column
Aggregate sum of Kshs.1,729,787.12
p. 4Final orders - award
Costs and interest at court rate from the date of filing the suit.
p. 4Final orders - costs and interest
The award is subject to statutory deduction.
p. 4Final orders - statutory deductions

Issues in the judgment

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minor

Judgment refers to 'Charles Ndegwa Kebaria' and 'Charles Ndegwa Kebania' in different paragraphs for the same grievant (cook)

minor

Inconsistent salary figure for the cook: Kshs.6,580 in the facts paragraph and Kshs.6,585 in the computation paragraph

minor

Judgment does not bear a case number or neutral citation in the text provided; only the Memorandum of Claim date is given

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, "KUDHEIHA Workers Union v Board of Management Njogu-ini Secondary School (Employment and Labour Relations Cause E024 of 2024) [2025] KEELRC 1330 (KLR)", Case Analysis (2025). Memorandum of Claim dated 7th November 2024. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/1330/eng@2025-05-09

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