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ELRCPartially AllowedNot stated in the judgment (amended memorandum of claim dated 24th February 2025)

Kiilu v Headteacher, Milaani Mixed Secondary School & 2 others (Employment and Labour Relations Cause 1331 of 2015) [2025] KEELRC 3756 (KLR)

Employment and Labour Relations Court
18 December 2025
1,518 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~6 min to read original · ~4 min brief

The bottom line

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A Kenyan court awarded a security guard Kshs. 395,247 after unfair dismissal, but refused to compensate his work injuries through the employment court.

What this practically means

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Executive summary

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The Claimant, a 66-year-old former security guard, sued the Respondents seeking notice pay, service pay, leave pay, overtime, unpaid public holidays and Sundays, unremitted NSSF dues, 12 months' compensation for unlawful dismissal and special damages. He claimed he worked from January 2008 at Kshs. 5,000 monthly, was injured in a robbery at work and hospitalized for a month at Thika Level 5 Hospital, and was summarily dismissed after asking for compensation for the injuries. The Respondents filed a defence admitting employment but asserting desertion in 2013, and denying overtime, leave and holiday claims. At the hearing on 28th July 2025, the Respondents' counsel failed to attend, the Claimant testified as CW1 and his evidence went uncontroverted. The court found the Claimant proved his claim on a balance of probabilities under sections 27 and 28 of the Evidence Act, and that the summary dismissal violated sections 36, 41, 43 and 45 of the Employment Act, 2007, being without notice, hearing or valid reason. The court awarded terminal benefits of Kshs. 335,247 and, applying section 49 of the Employment Act and considering aggravating factors including underpayment, non-remission of NSSF dues and dismissal for demanding injury compensation, awarded 12 months' salary as compensation (Kshs. 60,000). General damages for the work injuries were refused for want of jurisdiction, the court holding such claims must be referred to DOSH under WIBA, following the Supreme Court's decision in Law Society of Kenya vs Attorney General & Another. Judgment of Kshs. 395,247 was entered jointly and severally, with costs and interest.

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 proved unlawful and unfair summary dismissal
  2. 2.Whether the Claimant is entitled to notice pay, service pay, leave pay, overtime, unpaid public holidays and Sundays, and unremitted NSSF dues
  3. 3.Whether the court can award general damages for the injuries suffered at work
  4. 4.What compensation under section 49 of the Employment Act is appropriate

Key legal issues

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01

Unlawful summary dismissal

Holding

The summary dismissal was unfair and unlawful as it was without notice, hearing or valid reason

Reasoning

The Claimant testified he was dismissed after asking for compensation for injuries suffered at work. The evidence was uncontroverted as the Respondents failed to call witnesses or cross-examine. The court found violations of sections 36, 41, 43 and 45 of the Employment Act requiring notice, procedure and valid reason for termination.

p. 3
02

Compensation under section 49

Holding

Twelve months' salary compensation awarded as the maximum equivalent

Reasoning

The court considered aggravating factors: underpayment, no leave, unpaid NSSF, dismissal for demanding injury compensation, the Claimant's age of 66 years limiting re-employment, and absence of contributory fault, warranting the maximum 12 months' compensation under section 49(1)(c) and (4).

p. 4
03

Jurisdiction over work injury claims

Holding

The court cannot award general damages for work injuries; such claims belong to the DOSH/WIBA regime

Reasoning

Relying on the Supreme Court decision in Law Society of Kenya vs Attorney General & Another, the court held that work injury compensation must be pursued under WIBA through DOSH, except for matters with legitimate expectation predating the Act.

p. 4

Legal principles established

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  • Uncontroverted evidence on a balance of probabilities proves the particulars of claim under sections 27 and 28 of the Evidence Act
  • Summary dismissal without notice, notice to show cause or hearing violates sections 36, 41, 43 and 45 of the Employment Act, 2007
  • Work injury claims fall outside the court's jurisdiction and must be referred to DOSH under WIBA

Court orders

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  1. 1.Judgment entered in favour of the Claimant against the Respondents jointly and severally
  2. 2.Kshs. 335,247.00 terminal benefits
  3. 3.Kshs. 60,000.00 compensation for unlawful and unfair summary dismissal (12 months' salary)
  4. 4.Total award of Kshs. 395,247.00
  5. 5.Costs of the suit to the Claimant
  6. 6.Interest at court rates from date of judgment till payment in full

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, 2007; claim filed as amended memorandum of claim

Relief refused

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General damages for injuries suffered at work

The court lacked jurisdiction over work injury claims which must be addressed under WIBA/DOSH regime

p. 4

Costs

Costs of the suit awarded to the Claimant

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.

Accordingly, the court enters judgment in favour of the Claimant against the respondents jointly and severally as follows: i. Kshs. 335,247 as particularized in paragraph 167 of the amended memorandum of claim
p. 3Judgment on terminal benefits
In the final analysis the total reliefs awarded to the Claimant against the Respondents jointly and severally are:a. Kshs. 335,247.00 terminal benefits. b. Kshs. 60,000.00 compensation Total award Kshs. 395,247.00 c. Costs of the suit d. Interest at court rates from date of judgment till payment in full.
p. 4Final orders and total award
The court lacks jurisdiction to award any general damages in respect of the injuries sufiered by the Claimant.
p. 4Jurisdiction over work injury claims
The court finds that the summary dismissal of the Claimant violated sections 36, 41, 43 and 45 of the Employment Act, 2007
p. 3Unfair termination

Issues in the judgment

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minor

Judgment states service of 4 years 6 months but compensation is computed on employment from January 2008 to desertion in 2013 and reliefs use 4.67 years; the tenure figures are internally inconsistent with the claim pleaded from 2008

minor

Award refers to 'paragraph 167 of the amended memorandum of claim' though the memorandum cited appears to have paragraphs 8 to 25

minor

The 2nd Respondent is never specifically named 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, "Kiilu v Headteacher, Milaani Mixed Secondary School & 2 others (Employment and Labour Relations Cause 1331 of 2015) [2025] KEELRC 3756 (KLR)", Case Analysis (2025). Not stated in the judgment (amended memorandum of claim dated 24th February 2025). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/3756/eng@2025-12-18

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