SGA Security Solutions Limited v Kitsao (Appeal E002 of 2025) [2025] KEELRC 2315 (KLR)
The bottom line
#Kenya's Employment Court cut a security guard's overtime award from Ksh. 872,820 to Ksh. 423,072, ruling most benefit claims must be filed within 12 months of leaving a job.
What this practically means
#Executive summary
#Key legal issues
#First appellate court's duty on evidence
The court must revisit and evaluate the evidence on record and reach its own conclusion
As the first appellate court, the judge invoked the Selle principle, while acknowledging the settled restraint on interfering with trial court findings of fact unless based on no evidence, misapprehension, or wrong principles. The court applied this by upholding the leave-pay finding (records unchallenged) but revisiting overtime, public holidays and house allowance computations on the record.
Limitation of employment benefits claims under Section 90
Benefits accruing periodically (leave days, house allowance, public holidays, overtime) are continuing injuries claimable within 12 months of cessation
Applying German School Society v Ohany and Kenya Railways Corporation v Ododa, the court held that claims accruing daily, weekly or monthly must be brought within Section 90's 12-month window from cessation. The respondent resigned on 30 November 2021 and filed on 11 April 2023, so only the 9 public holidays within the last 12 months were due.
Proof of overtime
The overtime claim was justified on the evidence (72 hours weekly over 6 days) but assessable only for 12 months
The employer failed to produce work records showing allocation of hours for the security guard; the evidence indicated 6 days at work with 12-hour shifts, totalling 72 hours weekly. The magistrate's assessment using sector Wage Orders was accurate except for the limitation period, so the court reduced the award to 12 months at Ksh. 67.80 per hour for 4 daily overtime hours.
Leave pay finding
The trial court's finding that leave pay was not due stands, as the leave records' veracity was not challenged
The appellant produced leave application forms showing 26 leave days taken each year, approved in 2020 and 2021. The respondent denied taking leave but the records were clean and neat and their veracity was not challenged at hearing. The trial court, having had the advantage of hearing the evidence, found leave pay not due; that finding was not disturbed.
House allowance
The claim fails because the wage paid exceeded the statutory minimum inclusive of house allowance
The wage statements showed Ksh. 17,384.82 by 2021 against a minimum wage for Mariakani of Ksh. 12,522.70. Adding the due house allowance of Ksh. 1,878.30 gives Ksh. 14,400.30, which the wage paid exceeded, meaning house allowance was effectively covered.
Legal principles established
#- An appellate court will not ordinarily interfere with findings of fact by the trial court unless based on no evidence, a misapprehension of it, or wrong principles
- A work benefit or allowance accruing daily, weekly, monthly or annually is a continuing injury that must be claimed within 12 months from the date of cessation under Section 90 of the Employment Act
- A party who alleges must prove under Section 107 of the Evidence Act
Court orders
#- 1.The judgment in Mariakani CMELRC No. E026 of 2023 is reviewed, with the respondent awarded accrued public holidays of Ksh. 3,303 and overtime pay of Ksh. 423,072
- 2.The award of overtime of Ksh. 872,820 by the trial court is reduced to Ksh. 423,072, assessed under Section 90 for 12 months only
- 3.For the appeal and lower court proceedings, each party bears its own costs
- On appeal from
- Principal Magistrate's Court, Mariakani (CMELRC)
- Mariakani CMELRC No. E026 of 2023
- Jurisdiction invoked
- Appellate jurisdiction over the subordinate court's decision in an employment and labour relations cause (statutory first appeal)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "SGA Security Solutions Limited v Kitsao (Appeal E002 of 2025) [2025] KEELRC 2315 (KLR)", Case Analysis (2025). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/2315/eng@2025-07-31
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.