The Employment and Labour Relations Court has ordered a private security company to pay its former employee Ksh129,000 after the court found that the firm was underpaying its employee.

🇰🇪 Breaking It Down

In a recent ruling, the court found that the employee who worked as a night guard for the company was paid Ksh9,000 per month despite the applicable minimum wage for a night security guard being Ksh14,094.60.

The employee was initially employed by the company on February 22, 2020, on a three-month contract that was continuously renewed, remaining in employment until his dismissal in June 2021.

In a judgment delivered on July 31, 2026, the court awarded him Ksh129,198.63 in wage underpayments after finding that he was being paid way below the minimum wage at that time.

📌 What You Need to Know

The court relied on the Regulation of Wages (General) (Amendment) Order, 2018, which set the minimum wage for a night security guard in the general wage area at Ksh14,094.60 per month, comprising basic wage and house allowance.

"On underpayment of wages, the Regulation of Wages (General) (Amendment) Order, 2018 (Legal Notice No. 2 of 2018) sets the minimum wage for a night security guard in the general wage area at Kshs. 14,094.60 per month, comprising basic wage and house allowance. The Appellant was paid Ksh 9,000 per month net. The monthly shortfall is Ksh14,094.60, less Ksh9,000, being Ksh5,094.60 per month. Over the period of the Appellant's service from February 22 2020 to dismissal in June 2021, a period of approximately sixteen months, the underpayment amounts to Kshs. 5,094.60 × 16 = Kshs. 81,513.60. However the Respondent produced a transaction advice confirming payment of Kshs. 9,000 to the Appellant for May 2021 wages, reducing the claim for unpaid May, 2021 salary," the judge ruled.

"On salary arrears, deducting the proven payment, the wage underpayment for the recoverable period amounts to Kshs. 129,198.63 as computed by the trial court, a figure this court accepts on re-evaluation of the applicable wage order and the period of service," the court added.

At the same time, the court found that the employee was unfairly dismissed by the company, following his participation in a strike.

Although the court acknowledged that the employee indeed participated in the strike and the company had every right to dismiss him, it failed to follow the required disciplinary procedure before terminating his employment.

Following this determination, ELRC awarded a further Ksh34,826.48, equivalent to two months' salary at the applicable minimum wage rate, bringing a total award to Ksh164,025.11.

📰 Source: Kenyans.co.ke