Court Orders Employer to Pay Ksh 569,717 to Househelp in Landmark Labour Case
KISUMU, Kenya – In a ruling that underscores the legal protections afforded to domestic workers, the Employment and Labour Relations Court in Kisumu has ordered an employer to pay a former househelp a total of Ksh 569,717.48 for multiple labour rights violations.
The case pitted Ms. Gladys Misango against her former employer, Mr. Rahim Ibrahim Ramzan. The court heard that Ms. Misango was employed from March 2018 until March 2024 and was paid a monthly salary of Ksh 4,000 throughout her six-year service.
In his judgment delivered virtually on November 6, 2025, Judge Dr. Jacob Gakeri found that the employer had severely shortchanged the employee. The court upheld the trial court’s finding that the termination of Ms. Misango’s employment was unfair.
Breakdown of the Award
The total award of Ksh 569,717.48 is a composite of several dues that the employer failed to pay, as mandated by Kenyan law:
- Underpayment of Salary: The court found that the employer had paid the househelp far below the government-stipulated minimum wage for the duration of her employment. The award for underpayment was set at Ksh 403,259.40. The judge noted that the trial court’s computation, based on the correct Regulation of Wages Orders, was sound.
- House Allowance: The employer failed to provide housing or a house allowance, a statutory right for employees. The court awarded Ksh 82,088.91, calculated as 15% of the basic salary as per the law.
- Leave Pay: Since the employee did not take her annual leave and the employer had no evidence to the contrary, the court awarded Ksh 31,923.47 for 21 days of leave per year for three years.
- Compensation for Unfair Termination: The court set aside the trial court’s award of four months’ salary and substituted it with an award of two months’ gross salary, amounting to Ksh 34,963.80. The judge considered the employee’s six years of service, her clean record, but also noted that she did not express a wish to be reinstated and contributed to the termination by failing to inform the employer of her whereabouts after falling sick.
- Salary in Lieu of Notice: The employer terminated the employee without notice, warranting an award of one month’s salary in lieu of notice, calculated at Ksh 17,481.90.
Court Reverses Award on Gratuity
While the employee was largely successful, the appellant’s appeal was partially successful on one count. The judge set aside the trial court’s award for gratuity, stating that gratuity is a “gift” payable only if contractually agreed upon and cannot be a substitute for the employer’s failure to remit National Social Security Fund (NSSF) contributions.
A Precedent for Domestic Workers’ Rights
The judgment sends a strong message that domestic workers are entitled to the full protection of employment laws. The court meticulously applied statutory provisions on minimum wage, house allowance, and leave, rejecting any notion that informal or domestic employment is outside the ambit of the law.
The ruling concluded that each party would bear their own costs due to the partial success of the appeal.
This case serves as a crucial reminder to all employers that domestic workers are not slaves and must be paid and treated in strict accordance with the law.
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