Kenya Rights Guide

Employer Has Not Paid My Wages in Kenya: Your Rights

Kenyan law requires employers to pay wages on the agreed date. If your salary is late or withheld, you can report to a Labour Officer — free — and claim your full wages plus interest.

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Direct Answer

The Employment Act 2007 requires your employer to pay your wages on the agreed date. If they have not paid you, you can file a complaint with a Labour Officer at no cost, or take the matter directly to the Employment and Labour Relations Court. You are entitled to your full wages plus interest on late payments.

What the Law Says

Your Legal Foundation

Employment Act 2007

Section 19

“Wages shall be paid on the agreed date and in the agreed manner. Wages shall not be withheld on account of any matter not provided for in this Act.”

Employment Act 2007

Section 22

“An employer shall not make deductions from an employee's wages except in accordance with the provisions of this Act.”

Constitution of Kenya 2010

Article 41

“Every worker has the right to fair remuneration.”

What to Do

Step-by-Step Guide

1Put it in writing first. Send your employer a written message (email or letter) requesting payment of outstanding wages and stating the amount owed with dates. This creates a paper trail.
2Visit your nearest Labour Office. A Labour Officer has the power to compel payment. Bring payslips, your contract, bank statements showing missing payments, and your written demand.
3The Labour Officer will summon your employer to a meeting. Employers who ignore Labour Officer summonses face criminal sanctions. This process is free.
4If the Labour Officer cannot resolve it, the matter can be escalated to the Employment and Labour Relations Court. Claims for unpaid wages have no minimum — even small amounts qualify.
5You are entitled to interest on late wages. The court can also award damages for breach of contract and costs.

What to Say

Exact Words to Use

“"My wages for [month/dates] totalling KSh [amount] have not been paid as required under Section 19 of the Employment Act 2007. I require payment within five working days or I will file a complaint with the Labour Officer."”

Tone: Written, formal — send by email or letter

Common Questions

Frequently Asked Questions

Can my employer deduct money from my wages without telling me?

No. The Employment Act 2007 lists the only permitted deductions — tax, NSSF, NHIF, and deductions specifically agreed to in writing by you. Any other deduction is illegal and can be reported to a Labour Officer.

My employer is paying me less than the minimum wage — what can I do?

Report to a Labour Officer immediately. Kenya sets minimum wages by sector through Wages Orders issued by the Cabinet Secretary for Labour. Your employer must pay at least the applicable minimum for your sector and region. Non-payment is a criminal offence.

I am a casual or daily worker — do I have the same rights?

Yes. Casual workers are entitled to their agreed daily or weekly wages on time. If you have worked for the same employer for more than one month continuously, you may also have rights to formalisation of your employment.

What about my NSSF and NHIF contributions?

Your employer is legally required to deduct and remit your NSSF and NHIF contributions. If they deducted these from your wages but did not pay them to the relevant bodies, this is fraud — report it to NSSF (0800 720 677) and NHIF (0800 720 601) directly.

Get Help Now

Resources & Helplines

Labour Office Kenya

labour.go.ke

File unpaid wages complaints here. Free. Offices nationwide.
NSSF Kenya

0800 720 677

Report non-remittance of pension contributions. Toll-free.
NHIF Kenya

0800 720 601

Report non-remittance of health insurance contributions. Toll-free.
Employment & Labour Relations Court

elrc.go.ke

Formal wage claims — no minimum amount required.

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