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.
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.
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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.
The ruling comes amid President William Ruto’s push for a minimum wage for private security guards following years of underpayment.
Speaking at State House, Nairobi, on Thursday, August 6, Ruto directed private security companies across the country to ensure all private security officers are paid the Ksh30,000 government-approved minimum wage.
According to the Head of State, some companies have ignored his directive issued on Labour Day to increase the minimum wage by 15 per cent, while others continue paying workers as little as Ksh6,000 per month, describing the practice as illegal and inhumane.
“On May 1 this year, I issued a directive on minimum wage to be increased by 15 per cent, but I have been told that many companies have refused to increase minimum wage by 15 per cent. Today I am warning them,” Ruto said.
He further directed the Ministries of Interior and Labour, and the Private Security Regulatory Authority (PSRA), to work together to ensure that all private security companies comply with labour laws.
“Our good friends in the private security space, the regulator is here, the Ministry of Interior and Labour are here. We must work together to ensure all security companies operate within the parameters of the law,” he stated.
President William Ruto speaking during an engagement with Village Elders, State House, Nairobi County, August 4, 2026.
PCS
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