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ELRCPartially AllowedNot stated in the judgment

Riley Falcon Security Services v Ngisa (Appeal E051 of 2024) [2025] KEELRC 2934 (KLR)

Employment and Labour Relations Court
29 October 2025
2,022 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~8 min to read original · ~4 min brief

The bottom line

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A Kenyan court confirmed that giving an employee only 48 hours to answer disciplinary charges is unfair, and upheld most of the dismissal payout.

What this practically means

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Executive summary

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This is a first-instance judgment of the Employment and Labour Relations Court at Kisumu delivered on appeal by Riley Falcon Security Services against a Winam Magistrate's Court decision finding that it had unfairly terminated the employment of Erick Ngisa, a security guard dismissed over the loss of a site key. The trial court had awarded the Respondent 12 months' salary compensation of Kshs. 181,703/-, one month's notice pay of Kshs. 15,141.94, gratuity of Kshs. 75,709/-, a certificate of service, costs and interest. The Appellant challenged the finding that the disciplinary hearing was hurried and unfair, the finding that loss of the key was not established, and each of the awards. The court upheld the Magistrate's finding on fairness, holding that a 48-hour period to respond to a notice to show cause was not a reasonable time, and that the Respondent's ability to reply within 24 hours did not absolve the employer. On quantum, the court applied the principle that an appellate court will not interfere with a trial court's exercise of discretion unless it was plainly wrong or made a serious mistake, and found no improper exercise of discretion in the 12 months' compensation award or the gratuity award. The court found only one error: the award of one month's salary in lieu of notice, which had already been computed and paid in the Respondent's final dues and could not be granted again as a relief. That award was removed from the final sum payable. As the appeal substantially failed, each party was ordered to bear their own costs of the appeal. The remaining awards, including compensation, gratuity, certificate of service and interest, were left intact.

Questions the Court framed

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

  1. 1.Whether the Respondent's summary dismissal was unlawful, unfair and inhumane
  2. 2.Whether the Respondent is entitled to any of the reliefs awarded by the Magistrate's Court

Key legal issues

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01

Adequacy of 48 hours to respond to a notice to show cause

Holding

The court upheld the Magistrate's finding that 48 hours was insufficient; the Respondent's ability to reply within 24 hours did not cure the shortness of the period

Reasoning

The court reasoned that fairness requires a reasonable time to respond to a notice to show cause. The fact that the Respondent answered within 24 hours did not absolve the employer, since the adequacy of the time afforded is judged objectively, not by the employee's early compliance. The Magistrate's finding on this score was therefore not disturbed.

p. 4
02

Interference with the trial court's discretionary award of 12 months' compensation

Holding

The appellate court declined to interfere with the Magistrate's discretionary award of 12 months' salary compensation, finding no improper exercise of discretion

Reasoning

The court restated the principle that quantum of compensation is discretionary and an appellate court may only intervene where the trial court was plainly wrong, made a serious mistake, ignored a material factor, relied on an improper factor, or seriously misweighed proper facts. None of these was demonstrated, and the court declined to substitute its own opinion for that of the trial court.

p. 4
03

Award of one month's salary in lieu of notice

Holding

The notice pay award was wrongly granted because the amount had already been computed and paid in the Respondent's final dues; it was removed from the final sum payable

Reasoning

The court found this to be the only improperly decided issue. Since the notice pay was included in the final dues paid to the Respondent, awarding it again as a relief would result in double payment. The court therefore deleted this head from the decretal sum while leaving the rest of the judgment intact.

p. 4

Legal principles established

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  • A 48-hour period to respond to a notice to show cause is not a reasonable time and does not afford an employee adequate time to prepare a defence
  • An appellate court will not interfere with a trial court's exercise of discretion on quantum unless the trial court was plainly wrong or made a serious mistake
  • Notice pay already computed and paid in final dues cannot be awarded again as a relief

Court orders

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  1. 1.The finding of the Learned Magistrate on the adequacy of time to respond to the notice to show cause upheld (not disturbed)
  2. 2.The award of Kshs. 15,141/- being one month's salary in lieu of notice removed from the final sum payable by the Appellant, having been computed in final dues
  3. 3.The award of Kshs. 181,703/- as 12 months' salary compensation, Kshs. 75,709/- gratuity, certificate of service and interest upheld
  4. 4.Each party to bear their own costs of the appeal

The bench

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

majority

Wrote the judgment

On appeal from
Magistrate's Court at Winam
Jurisdiction invoked
Appellate jurisdiction of the Employment and Labour Relations Court over appeals from the Magistrate's Court (Employment and Labour Relations Court Act); not expressly cited in the judgment

Relief refused

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Appellant's prayer to set aside the entire Trial Court judgment and dismiss the Respondent's suit

The appeal substantially failed; only the notice pay award was reversed

p. 4

Appellant's prayer for costs of the appeal

Appeal substantially failed; each party to bear own costs

p. 4

Costs

Each party to bear their own costs in this appeal

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.

The fact that the Respondent was able to respond within 24 hours on a demand to give an explanation within 48 hours does not absolve the Appellant from the accusation made that it did not give the Respondent adequate time to respond to the notice to show cause.
p. 4Fair hearing - adequacy of time to respond to notice to show cause
A reasonable time is expected and a period of 48 hours cannot be said to be suficient in this case.
p. 4Reasonable time for employee response
An appellate court will not interfere with a trial court's exercise of discretion unless it is demonstrated the trial court was "plainly wrong" or made a "serious mistake".
p. 4Appellate interference with discretion on quantum
As an appellate court it is improper for me to simply substitute my own opinion for that of the trial court. I find that there was no improper exercise of discretion by the Learned Hon. Magistrate.
p. 4Appellate restraint
I find that the only issue that is improperly decided was the award of one month notice in the sum of Kshs. 15,141/-. This was computed in final dues and therefore could not be granted as a relief.
p. 4Notice pay already paid in final dues
In light of the foregoing the Court will remove this award from the final sum payable by the Appellant. As the appeal has substantially failed save for the reversal of the notice pay, the parties will each bear their own costs in this appeal.
p. 4Final orders and costs

Issues in the judgment

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minor

The judgment's own case number and the trial court case number are not stated in the text supplied

minor

The parties are labeled Appellant/Respondent on appeal but the underlying claim is described with the employee as 'Respondent' while in the trial court he was the claimant/plaintiff; the appeal framing is used consistently in the judgment

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, "Riley Falcon Security Services v Ngisa (Appeal E051 of 2024) [2025] KEELRC 2934 (KLR)", Case Analysis (2025). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/2934/eng@2025-10-29

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