Kigen & 3 others v Sabatia Farmers Co-operative Society Limited (Employment and Labour Relations Cause E059 of 2021) [2025] KEMC 75 (KLR)
The bottom line
#Kenya's Employment Court awarded farm workers underpayments and notice pay, but part of their claims failed because they filed too late.
What this practically means
#Executive summary
#Questions the Court framed
#The issues the Court set itself to decide, in its own words.
- 1.Whether each of the claimants herein is entitled to the claims/reliefs sought
- 2.Whether the 1st Claimant's claims (gratuity disclosure, underpayments, certificate of service) are merited
- 3.Whether the 2nd Claimant's claims (underpayments, gratuity, salary balances, light duties, notice of conversion of terms) are merited
- 4.Whether the 3rd Claimant's claims are merited
- 5.Whether the 4th Claimant's claims are merited
- 6.Who should bear the costs
Key legal issues
#Limitation of employment claims (1st Claimant)
The 1st Claimant's underpayment claim was time-barred under Section 90 of the Employment Act
Section 90 requires suits founded on employment contracts to be brought within 3 years, or within 12 months of cessation for continuing injuries. The 1st Claimant ceased work on 9 July 2018 but filed on 6 February 2021, two years and seven months later, so the continuing-injury claim for underpayments could not survive.
Gratuity disclosure (1st Claimant)
Claim for full disclosure of gratuity computation succeeded
The letter of appointment entitled the claimant to gratuity at 15 days' basic salary per completed year. The Respondent paid Kshs.139,657.50 but its letters only informed the claimant of the dues without any computation. The Respondent therefore failed to address full disclosure of the gratuity payment and the documents relied upon.
Applicable minimum wage order (2nd Claimant)
The Agricultural Industry Order applied, yet the 2nd Claimant was still underpaid
The Respondent carries on business in the agricultural industry, so the Regulations of Wages (Agricultural Industry) Order applied rather than the General Order. Even so, its subsidiary employees' pay fell below the minimum under Gazette Notice No.3 of 2019, and underpayment was computed at Kshs.5,636.30 per month over 36 months.
Light duties / reasonable accommodation
Claims for deployment on light duties failed for lack of conclusive medical recommendations
Light duty is undefined in law and left to the parties' contracts. Where an employee falls ill the employer must reasonably accommodate them, but before retiring on medical grounds such steps must be attempted. Here no medical report actually recommended light or alternate duties, so the prayers were misguided and legally untenable.
Unilateral conversion of permanent terms to contract terms
Claims for notice pay for conversion of terms succeeded
Changing an employee's terms to their disadvantage without consultation constitutes unfair labour practice contrary to Article 41. The Respondent alleged extensive sensitization of employees but produced no notices, attendance lists, facilitators or minutes, so no consultation was proved and 3 months' notice pay was awarded.
Salary balances February and March 2020
Respondent failed to prove payment of salary balances
As employer, the Respondent bore the burden of proving the salaries were paid. No documents or records were produced to that effect, so the 2nd Claimant's claim for the two months' salary balances succeeded on that basis alone.
Legal principles established
#- Claims for salary underpayment, overtime, leave and similar continuing injuries must be commenced within 12 months of cessation under Section 90 of the Employment Act
- Gratuity is a discretionary gratis payment payable under a contract of service or CBA, distinct from severance pay under Section 40(g) of the Employment Act
- Employers in the agricultural industry are governed by the Regulations of Wages (Agricultural Industry) Order, not the General Order
- Unilateral variation of an employment contract without consultation is unlawful, amounts to repudiation and breach, and constitutes unfair labour practice under Article 41
- Courts will not entertain trivial matters - de minimis non curat lex
Court orders
#- 1.1st Claimant: full disclosure of the gratuity payments year by year and documents relied on in calculating the gratuity
- 2.2nd Claimant: underpayments of Kshs. 202,906.80; salary balance of Kshs. 14,472.60; notice pay of Kshs. 20,208.90
- 3.3rd Claimant: unpaid salary of Kshs. 33,681.50; salary balance of Kshs. 3,368.15; underpayments of Kshs. 202,906.80
- 4.4th Claimant: notice pay of Kshs. 20,208.90; salary balance of Kshs. 6,736; underpayments of Kshs. 202,906.80
- 5.All other claims dismissed
- 6.Claimants awarded costs of the suit
The bench
#One judgment of the whole court — no separate or dissenting opinions.
Wrote the judgment
- Jurisdiction invoked
- Employment and labour relations dispute under Article 41 of the Constitution and the Employment Act
Relief refused
#1st Claimant: confirmation of registration of gratuity calculations document by the Commissioner of Cooperatives; underpayments of salaries
Underpayment claim caught by the 12-month limitation for continuing injuries; ceasing employment on 9 July 2018, suit filed 6 February 2021
1st Claimant: issuance of certificate of service
Certificate of Service already issued and produced in court
2nd Claimant: payment of service gratuity and full disclosure of calculations
Employment not terminated; gratuity only payable at end of contract, resignation, retirement or death
2nd and 4th Claimants: deployment and allocation of lighter duties per medical recommendations
No conclusive medical report recommending light or alternate duties; claimant herself said she could not work at all; no medical progress report availed
4th Claimant: gratuity payment
She is yet to be terminated
4th Claimant: official letter indicating persons alleging she was inciting farmers
Trivial, non-justiciable prayer; de minimis non curat lex
3rd Claimant: withdrawal of unauthorized medical sick leave and resumption of duties
Claimant free to resume duties as he had not been terminated; no order needed
3rd Claimant: balance of salary for October 2019
Not proved in his statement
Costs
The claimants to have costs of the suit
Quotable passages
#Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.
Each of the Claimant's claim is hereby allowed as follows:
All the other claims area hereby dismissed.
The claimants to have costs of the suit.
the claim for salary underpayment, overtime, leave, public holidays worked and housing allowance were continuing injuries for purposes of limitation of actions and ought to have been commenced within twelve months from the time of cessation.
In view of the foregoing, I do hereby find the prayer as to deployment and allocation of light duties is unfortunately, misguided, and legally untenable.
Clearly changing the terms of a contract of an employee to his disadvantage constitute unfair labour practice against article 41 of the 2010 Kenya Constitution
De Minimis Non Curat Lex - the law does not govern trifies, matters of little or no value.
Issues in the judgment
#Judgment appears to confuse the 3rd and 4th Claimants in the conclusion on the 3rd Claimant's claims
Internal contradiction in computation of 2nd Claimant's salary balance: computed at Kshs. 13,472.60 in analysis but awarded at Kshs. 14,472.60 in final orders
Contradictory statement that the claim for 3 months' notice pay is both unfounded and legally tenable
Case number and neutral citation are not stated in the judgment
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kigen & 3 others v Sabatia Farmers Co-operative Society Limited (Employment and Labour Relations Cause E059 of 2021) [2025] KEMC 75 (KLR)", Case Analysis (2025). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/kemc/2025/75/eng@2025-04-29
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.