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ELRCPartially AllowedNot stated in the extract

Kenya Shipping Clearing & Warehouses Workers Union v Maya Freight Limited (Employment and Labour Relations Cause 898 of 2018) [2025] KEELRC 2815 (KLR)

Employment and Labour Relations Court
21 October 2025
1,290 words in judgment
View original judgmentRead on Kenya Law Watch case
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·~5 min to read original · ~4 min brief

The bottom line

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A Kenyan court ruled employees claiming unpaid leave or overtime must prove it with records, awarding only Kshs 22,350 for days actually worked.

What this practically means

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Executive summary

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Following a judgment of 31st October 2024 in which the court declined reinstatement but ordered payment of the Grievant's terminal dues (days worked, leave days earned, and uncompensated overtime up to 25th May 2018) with interest at 12% per annum, the Respondent filed an account affidavit showing all dues had been paid. The Claimant union disputed this, asserting unpaid leave for 2002 to 2004 and unpaid fixed monthly overtime, and sought a liquidated sum of Kshs 557,617.15 to be incorporated into the judgment as full and final settlement. The Respondent countered that the Grievant took his leave, that 21 accrued days carried into 2005 were utilized in August-September 2005, and that any 2002-2004 leave claim was time barred under section 89 of the Employment Act and absent from the Memorandum of Claim. The court found the Grievant had proceeded on leave in prior years as evidenced by the leave application form and the carried-forward balance, and held that a party claiming untaken leave must prove by evidence that leave was applied for and denied or carried forward. On overtime, the payslips showed monthly overtime payments, and no time logs were produced to establish further unpaid overtime. Both heads were dismissed. The court awarded only Kshs 22,350 for 25 days worked up to 25th May 2018 and made no order as to costs.

Questions the Court framed

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

  1. 1.Whether the Grievant had unpaid leave days earned up to 25th May 2018, particularly for the years 2002 to 2004
  2. 2.Whether outstanding overtime payments remained unpaid
  3. 3.What sums remain payable as terminal dues following the judgment of 31st October 2024

Key legal issues

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01

Unpaid leave days for 2002-2004

Holding

Dismissed; leave was taken as evidenced by the 2005 leave application showing 21 days carried forward, and any earlier claim is time barred

Reasoning

The court examined the leave records supplied and found the Grievant proceeded on leave in prior years, with 21 days carried forward into 2005 and utilized between 16th August and 5th September 2005. The court adopted the respondent's submission that older leave claims are time barred under section 89 of the Employment Act, and reiterated that a party claiming untaken leave must demonstrate by evidence that leave was applied for and denied or carried forward. The claimant adduced no such proof.

p. 3
02

Outstanding overtime payments

Holding

Dismissed; monthly overtime payment was evident on the payslips and no time logs were produced to establish further unpaid overtime

Reasoning

The court reviewed all the payslips exhibited and found that overtime was in fact paid every month. Where a claimant asserts additional uncompensated overtime beyond the payslips, the evidential burden lies on the claimant to exhibit time logs showing the periods worked. No such evidence was presented, so the claim of a fixed monthly overtime of Kshs 2,800 accruing unpaid failed.

p. 3
03

Salary for days worked up to 25th May 2018

Holding

Awarded at Kshs 22,350 as prayed, being the only sum exhibited as owing

Reasoning

The court found nothing exhibited showing anything owing to the claimant apart from the payment of salary for 25 days worked up to 25th May 2018, which it awarded at the figure prayed. Costs were withheld, the court making no order of costs on the application.

p. 3

Legal principles established

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  • A party claiming leave not taken must prove by evidence that the leave was applied for and denied or carried forward; absent such proof the claim fails
  • A claim for unpaid overtime beyond what is shown on payslips must be supported by time logs showing periods worked
  • Claims for leave from previous years are subject to the limitation period under section 89 of the Employment Act

Court orders

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  1. 1.Award of Kshs 22,350/- for 25 days worked up to 25th May 2018
  2. 2.Dismissal of the claims for unpaid leave days and unpaid overtime
  3. 3.No order as to costs

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 under the Employment Act in enforcement of its earlier judgment on terminal dues (specific provision not stated)

Relief refused

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Claim for unpaid leave days (Kshs 61,679.40 plus interest)

Leave prior to 2005 was taken; records show 21 days carried forward and utilized, and any earlier claim would be time barred under section 89 of the Employment Act; claimant failed to demonstrate leave applied for and denied or carried forward

p. 3

Claim for unpaid overtime (Kshs 238,000 plus interest)

Payslips showed monthly overtime was paid; any further overtime claim required time logs which the claimant failed to produce

p. 3

Costs of the application

Court declined to award costs

p. 3

Costs

There will be no order of costs on this application.

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.

any party claiming for leave not taken must with evidence demonstrate that the said leave was applied for and denied or carried forward. In the absence of such demonstration, the claim for leave not taken over the years is not proved and is dismissed.
p. 3Burden of proof on untaken leave claims
if there is any other payable overtime not covered in the payslip, this must be produced by the claimant by exhibiting the time logs to show periods worked
p. 3Evidential burden on overtime claims
I find that there is nothing exhibited to show what is owing to the claimant save for the one payment of salary for 25 days worked up to 25th May 2018 which I award at kshs 22,350/- as prayed. There will be no order of costs on this application.
p. 3Final orders and costs

Issues in the judgment

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minor

Claimant union's arithmetic is internally inconsistent, stating a total of Kshs 1149767.62 for components summing to Kshs 114,767.62, and overtime of Kshs 2,800 x 36 months stated as Kshs 238,000

minor

Typographical errors in the judgment, including 'greviant proceeded for leave in years prior to 20015'

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, "Kenya Shipping Clearing & Warehouses Workers Union v Maya Freight Limited (Employment and Labour Relations Cause 898 of 2018) [2025] KEELRC 2815 (KLR)", Case Analysis (2025). Not stated in the extract. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/2815/eng@2025-10-21

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