Oruku v Captain Hawk Security Services Limited (Employment and Labour Relations Cause E086 of 2022) [2026] KEELRC 2248 (KLR) (28 July 2026) (Judgment)
The claimant’s evidence remained uncontroverted in any material respect because the respondent called no witness and produced no evidence; its bare denial did not displace the claim. The court therefore found no basis to vary the earlier ex parte judgment and entered judgment for the claimant in the sum claimed,...
Source-derived case information.
- Citation
- [2026] KEELRC 2248 (KLR)
- Parties
- Claimant: Dickson Okiru Oruku; Respondent: Captain Hawk Security Services Limited
- Court
- Employment and Labour Relations Court
- Jurisdiction
- Kenya
- Case Number
- Employment and Labour Relations Cause E086 of 2022
- Procedural Posture
- Employment and Labour Relations Cause / Judgment After Ex Parte Proceedings Were Set Aside and Hearing Proceeded; Respondent Failed to Adduce Evidence
- Outcome
- Judgment entered for the claimant
- Judges
- ["PA Ndege"]
- Legal Topics
- Underpayment of Wages, Overtime, Off Duty Compensation, Public Holiday Pay, Leave Pay, Service Pay, Costs, Ex Parte Judgment, Burden of Proof
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Dickson Okiru Oruku
Claimant
Captain Hawk Security Services Limited
Respondent
Procedural Posture
Employment and Labour Relations Cause / Judgment After Ex Parte Proceedings Were Set Aside and Hearing Proceeded; Respondent Failed to Adduce Evidence
Legal Issues
- 1 Whether the claimant proved entitlement to underpayments, overtime, off-duty, public holiday, leave and service pay.
- 2 Whether the respondent’s bare denials and failure to call evidence displaced the claimant’s case.
- 3 Whether there was any basis to vary the earlier ex parte judgment and decree.
Ratio Decidendi
The claimant’s evidence remained uncontroverted in any material respect because the respondent called no witness and produced no evidence; its bare denial did not displace the claim. The court therefore found no basis to vary the earlier ex parte judgment and entered judgment for the claimant in the sum claimed, together with costs.
Court Disposition
Judgment entered for the claimant
Orders
- The claimant is awarded Kshs. 439,003.
- The claimant is awarded the costs of the claim.
Full Case Text
Judgment text and source record
1 paragraphs
Oruku v Captain Hawk Security Services Limited (Employment and Labour Relations Cause E086 of 2022) [2026] KEELRC 2248 (KLR) (28 July 2026) (Judgment) Neutral citation: [2026] KEELRC 2248 (KLR) Republic of Kenya In the Employment and Labour Relations Court at Nakuru Employment and Labour Relations Cause E086 of 2022 PA Ndege, SPM July 28, 2026 Between Dickson Okiru Oruku Claimant and Captain Hawk Security Services Limited Respondent Judgment 1.The claimant, Dickson Okiru Oruku, instituted this suit by filing a memorandum of claim dated 04/03/2022 seeking the following prayers against the Respondent Captain Hawk Security Services LTD: -a.Underpayments of Kshs 164,586.60/-b.Normal overtime of Kshs. 139,948.05/=c.Off-duties of Kshs. 76,021.15/=d.Public holidays of Kshs. 31,099.55/=e.Leave due of Kshs. 19,275.80/=f.Service pay of Kshs. 8,071.85Total amount Kshs. 439,003.00/=g.Costs of this claim 2.The respondent at first did not enter appearance and the matter proceeded undefended which culminated in an ex parte judgment dated 20/07/2023. The ex parte proceedings were subsequently set aside and the hearing commenced in the presence of the respondent. The respondent however failed to call any witness nor adduce any evidence in its defence, and as correctly submitted by the learned counsel for the claimant, its averments in its response/ defence herein remain bare denial/ statements that do not affect the claimant’s case in any way. 3.I thus do hereby find no evidence to make me vary my ex parte judgment and decree issued on 20/07/2023. Judgment is therefore hereby entered in favour of the claimant to the tune of Kshs. 439,003/- as particularized in my earlier judgment dated 20/07/2023, which I do reiterate in its entirety herein. The defense’s cross-examination of the claimant did not do any damage to the claimant’s evidence herein and the claimant further therefore gets the costs of this claim. DATED, SIGNED AND DELIVERED IN NAKURU VIRTUALLY THIS 28TH DAY OF JULY, 2026HON. ALOYCE PETER NDEGESENIOR PRINCIPAL MAGISTRATEIn the presence ofWangari for the claimantTombe Presnet for the RespondentClaimant: n/aRespondent: n/aTombe: Praying for 30 days stayWangari: No objection.CT: 30 days stay granted.