Work done should be paid for, and Kenyan law gives employees practical routes to recover unpaid salary, leave pay and other dues. The routes differ in cost and speed, and choosing sensibly starts with the paperwork you can produce. This guide sets out the options in order.
How do you recover unpaid salary in Kenya?
Start internally, in writing, with a clear account of what is owed. If that fails, a formal demand letter usually follows, and many matters settle at that stage. Beyond correspondence, two formal routes exist: a complaint to a labour officer under the Labour Institutions Act 2007, and a claim at the Employment and Labour Relations Court or the subordinate courts, depending on the amount and circumstances.
Can a labour officer help?
Yes. Labour officers, reached through the Ministry of Labour, have powers under the Labour Institutions Act 2007 to inquire into employment complaints and, within their mandate, to order payment of what is owed. The process is less formal and less costly than court, and inspection powers mean the employer’s records can be examined. Some disputes fall outside a labour officer’s remit, which is where the court route applies.
How long do you have to act?
Different time limits apply to different routes, and the labour officer route carries shorter windows than a court claim, which is generally subject to a three-year limit. It is worth acting promptly rather than waiting to see whether the employer pays eventually. Keep payslips, the contract, bank or mobile money records and any correspondence about the arrears. Interest may be claimed alongside the principal in suitable cases.
Getting the demand right
A demand letter that sets out the sums, the legal basis and a deadline carries weight, and drafting one is quick with advice. We act for employees in recovery claims and related disputes through our dispute resolution practice; see the firm’s wider practice areas for related work.
This article was written by Bruno Walela Situma, who advises on dispute resolution, insurance and litigation matters at CS Advocates LLP.
For guidance on your specific situation, contact CS Advocates LLP , call, WhatsApp, or book a confidential consultation at our Westlands, Nairobi office.