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Security guard early retirement: birth-date evidence and credit for terminal payments — Mombasa Case and Document Guide

Decision analysed: SGA Security Solutions Ltd v Kasanya — [2025] KEELRC 2683 (KLR) — 2 October 2025

Court: Employment and Labour Relations Court at Mombasa

The dispute

A night guard worked from March 1997 until December 2020. He said a retirement notice ended service roughly six months before his fifty-fifth birthday. The private employer invoked retirement policy but produced no defining contract or policy, and did not contest the actual birth date. The guard admitted receipt of KSh 204,942. Claims for decades of overtime and public holidays lacked particulars.

What the Court decided

The ELRC upheld relief for early retirement but recalculated gratuity for 23 full years at the stated KSh 15,142 wage base, giving KSh 174,133. The operative paragraph records six-month compensation of KSh 154,244.60 and requires both heads to be reduced by the KSh 204,942 already received. Earlier passages state KSh 154,224.60, an internal figure discrepancy that must be checked against the authenticated decree. Overtime and holiday claims were declined. Each party bore its appeal costs.

What this decision does and does not establish

Public-sector retirement provisions do not automatically define a private employee retirement age. Establish the contract, applicable policy or industry wage order and actual birth date. The judgment applied protective-security gratuity of fifteen days pay per full year, not an unproved 24 years. It distinguished a particularised timely work-hours claim from exaggerated historic totals. Section 90 limitation must be assessed against the actual accrual and cessation dates.

Choose a document for the procedural task

Statement of Claim for a Security Guard Retired Before the Proved Retirement Date

Complete identities, authority, material facts, jurisdiction, related litigation, limitation, each remedy and exact amounts. Use the required verifying affidavit, witness statements, list and copies of genuine documents. Identify the actual competent court and applicable procedure; a trial claim is different from an appeal. Historical employment dates do not authorise a fresh time-barred action. Fresh drafting structure based on a concluded historical dispute. Verify section 90 limitation; these 1997–2020 facts do not permit a fresh claim now. File before the properly designated and competent trial court with the required claim pack. Verify the ELRC Procedure Rules 2024 and 2025 amendments, or the applicable designated subordinate-court procedure, and current directions. Assess section 90 for each employment claim.

Security Guard Witness Statement on Date of Birth Retirement Notice and Terminal Payment

Use the witness own truthful account, distinguish observed events from named information sources and identify bundle pages and authenticating witnesses. Follow the actual trial or succession witness directions. Additional evidence and statements require any applicable leave. An appeal ordinarily uses the admitted trial record; a new statement cannot be inserted without the proper procedure. Verify the ELRC Procedure Rules 2024 and 2025 amendments, or the applicable designated subordinate-court procedure, and current directions. Assess section 90 for each employment claim.

Memorandum of Appeal on Security Gratuity and Double Counting of Terminal Dues

Identify the exact lower-court judgment or ruling, operative decree, parties, concise grounds and requested disposition. Use the procedure for this particular appellate court: an ELRC appeal and a High Court or ELC first appeal are not Court of Appeal proceedings. Check limitation, any necessary leave or extension, record, fees, service and directions. Filing an appeal is not an automatic stay. Verify the ELRC Procedure Rules 2024 and 2025 amendments, or the applicable designated subordinate-court procedure, and current directions. Assess section 90 for each employment claim.

Security Retirement Compensation and Gratuity Schedule with Payment Credit

This is an evidential or accounting aid, not an originating process or independent proof. Give dates, authors or custodians, admissibility status, actual document pages and transparent calculations. Label missing and disputed items. Obtain the applicable leave or directions for supplementary evidence, serve it and prevent duplicate credits or recovery. Verify the ELRC Procedure Rules 2024 and 2025 amendments, or the applicable designated subordinate-court procedure, and current directions. Assess section 90 for each employment claim.

Security Retirement Appeal Submissions on Private Sector Age and Particularised Work Hours

Identify pleaded issues, admitted evidence and genuine record pages. Follow directions on length, authorities, filing and service. Submissions do not introduce exhibits or cure missing substantive prayers. Distinguish what a party sought from what the Court ordered, and an unsuccessful historical position from the actual holding. Verify the ELRC Procedure Rules 2024 and 2025 amendments, or the applicable designated subordinate-court procedure, and current directions. Assess section 90 for each employment claim.

Read the reproduced primary judicial text

Primary source and reconstruction

Read the original judgment: [2025] KEELRC 2683 (KLR)

The reproduced primary judicial text, reasons and operative orders were checked against the neutral citation and Mombasa proceeding heading. These are newly drafted educational reconstructions, not original signed pleadings. A proposed procedural correction is labelled separately from what was actually filed. No subsequent-order or licensed-advocate review is claimed; check the current law, authentic file and directions before use.

These documents are newly drafted educational reconstructions, not original filed pleadings or matters handled by our team. The original decision may identify participants; the specimens replace identifying details with bracketed fields. Losing positions remain marked unsuccessful. An advocate must adapt jurisdiction, evidence, prayers and procedure to the actual case.