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Riley Falcon Security Services Limited v Okwaro (Appeal E041 of 2025) [2025] KEELRC 2575 (KLR) (25 September 2025) (Judgment)

[2025] KEELRC 2575 (KLR) Employment & Labour Relations Court
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Court
Employment & Labour Relations Court
Case number
2575
Citation
[2025] KEELRC 2575 (KLR)
Decided
25 September 2025
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeAppealPostureAppeal from the judgment of Hon. J. B. Kalo in Mombasa CMELRC No. E674 of 2021CoramM. MBARŨ
Holding

The appeal is allowed, the judgment in Mombasa CMELRC No. E674 of 2021 is set aside in its entirety. Each party is to bear its costs.

Facts

Respondent Preston Asembu Okwaro claimed underpayments, unpaid overtime, and other work benefits from his employer Riley Falcon Security Services Limited. The respondent worked as a night guard on a one-year renewable contract from March 2016.

Issues

  1. whether the awards of overtime, leave pay, and interest are justifiable
  2. whether the claims for overtime underpayments and annual leave pay are time-barred

Reasoning

The court held that the claims for overtime underpayments and annual leave pay are time-barred and thus dismissed them. The award of overtime was justified, and the payment of accrued leave days was appropriate.

Outcome

Appeal allowed, judgment set aside

Orders

  • Judgment in Mombasa CMELRC No. E674 of 2021 set aside
  • Each party to bear their costs

Authorities cited

Legislation (4)
  • Employment Act
  • Section 10(3) of the Employment Act
  • Section 90 of the Employment Act
  • Section 28(4) of the Employment Act
Cases cited (4)
  • Transparency International - Kenya v Omondi
  • Keen Kleeners Limited v Kenya Plantation and Agricultural Workers
  • Rift Valley Railways (Kenya) Ltd v Hawkins Wagunza Musonye
  • The German School Society & another v Ohany & another
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
Full judgment 0.2 MB · PDF

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