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Brink Security Services Limited v Katenge (Appeal E186 of 2022) [2025] KEELRC 2156 (KLR) (18 July 2025) (Judgment)

[2025] KEELRC 2156 (KLR) Employment & Labour Relations Court
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Court
Employment & Labour Relations Court
Case number
2156
Citation
[2025] KEELRC 2156 (KLR)
Decided
18 July 2025
Beta Machine-generated summary. Automatically produced by AI from the judgment text — it may be incomplete or inaccurate. Always verify against the full judgment below. Not legal advice.

Summary at a glance

TypeAppealPostureAppeal from a judgment of the Senior Resident Magistrate's CourtCoramAGNES KITIKU NZEI
The appeal is partly successful, and the trial court's judgment is set aside. The Respondent is awarded compensation for days worked, notice, underpayment, and 12 months' salary in compensation for unfair termination of employment.

Facts

The Respondent, Nzou Katenge, sued the Appellant, Brink Security Services Limited, in Milimani Commercial Court for unfair dismissal and other claims. The Respondent alleged that he was dismissed unlawfully and unfairly, and sought compensation for unpaid salary, overtime, and house allowance.

Issues

  • Unlawful and unfair dismissal
  • Calculation of compensation and deductions

Reasoning

The court found the trial court's calculation of compensation and deductions based on the 2015 Minimum Wage Order to be incorrect, and set aside the award of unpaid house allowance and overtime payment.

Outcome

The appeal is partly successful, and the trial court's judgment is set aside.

Orders

  • Set aside the trial court's judgment
  • Award compensation for days worked, notice, underpayment, and 12 months' salary in compensation for unfair termination of employment

Remedies

  • Awarded compensation for days worked, notice, underpayment, and 12 months' salary in compensation for unfair termination of employment

Authorities cited

Legislation (2)
  • Employment Act
  • Labour Institutions Act 2007
⚠ This summary is experimental and generated by a language model, not a lawyer. It can contain errors, omissions, or misinterpretations and must not be relied on for legal decisions. The authoritative source is the full judgment. Please confirm every point against the original before use.
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