Kimani v Lavington Security Limited (Appeal E015 of 2024) [2025] KEELRC 603 (KLR) (28 February 2025) (Judgment)
- Court
- Employment & Labour Relations Court
- Case number
- 603
- Citation
- [2025] KEELRC 603 (KLR)
- Decided
- 28 February 2025
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeAppealPostureAppeal from a judgment of the Trial CourtCoramJ. Rika
Holding
The appeal is partly allowed, and the Respondent is ordered to pay the Appellant the balance of underpayment of salary at Kshs. 59,283.
Facts
The Appellant, Gathogo Kimani, was employed as a night guard by the Respondent, Lavington Security Limited, from October 1, 2019, to October 1, 2021. He was paid a monthly salary of Kshs. 9,600, which he claimed was underpayment. He also sought compensation for overtime, off-duty days, public holidays, annual leave, and severance pay.
Issues
- Overtime pay
- Public holiday pay
- Off-duty days
- Underpayment of salary
Reasoning
The Court found that the Appellant was entitled to 15% of his basic salary as house allowance, and he was underpaid by Kshs. 6,543 monthly. The total underpayment for 24 months was Kshs. 157,032, of which he was awarded Kshs. 97,749.
Outcome
Partially allowed
Orders
- The Respondent shall pay the Appellant the balance of underpayment of salary at Kshs. 59,283
Remedies
- Interest allowed at court rate from the date of judgment till payment is made in full
Authorities cited
Legislation (4)
- Employment Act
- Public Holidays Act
- Regulation of Wages (Protective Security Services) Order
- Regulation of Wages (General) Order
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.
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