MONEY BOX: Did You Know You Can Sue Your Boss for Underpayment?
Similarly, if an employer decides to terminate an employee’s services, the termination process must be done formally and in writing...
✨ Key Highlights
In a landmark ruling, the Employment and Labour Relations Court in Kisumu affirmed that employees can sue their bosses for underpayment and that paying below the statutory minimum wage is unlawful. This decision stemmed from a case involving a domestic worker who sought legal redress for underpayment and unfair termination.
- A domestic worker, employed for six years at a monthly salary of Ksh4,000, successfully sued her employer for underpayment, house allowance, leave pay, and termination benefits.
- The court, presided over by Justice Jacob Gakeri, ruled that workers cannot be paid below the legal minimum wage, and employers must formally terminate employment and demonstrate efforts to contact employees who desert duty.
- The worker was awarded a total of Ksh569,717.48 for various claims including house allowance, leave pay, and salary in lieu of notice, with the court stressing that annual leave is a statutory right.
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Part of the Day's Coverage
Courts Suspend Govt Payment System, Rule on Waititu's Bond, and Affirm Underpayment Lawsuits - November 2025
The Kerugoya High Court has suspended the government's Direct Settlement System (DSS) for coffee farmer payments until May 20, 2026, following a successful argument by farmers that the system was implemented without public participation. In another legal matter, Principal Magistrate Rose Ndombi ruled that former Kiambu Governor Ferdinand Waititu can secure his freedom by depositing a Ksh53 million bank guarantee. The Employment and Labour Relations Court in Kisumu affirmed in a landmark ruling that employees can sue their bosses for underpayment, establishing that paying below the statutory minimum wage is unlawful. Additionally, a city lawyer arrested in a nationwide counter-terrorism operation awaits a court ruling on November 19, 2025, regarding a DCI request for extended detention for further investigation into terror financing suspicions.
