Workers' Rights
Wage Theft — Illegal Deductions From Your Salary
An employer makes excessive or unauthorised deductions from an employee's wages
Premium
intermediate
8 minutes
The Situation
What They Said
“We have deducted for the breakage, for your uniform, for being late last month, and for the advance you took two years ago. This is your net pay.”
You receive your salary and find it has been heavily cut through multiple deductions — some you were never informed about, some relating to incidents you dispute, and some for debts or items you believe have already been settled. In some cases employers deduct more than half of an employee's wage, leaving workers unable to meet basic needs. Kenyan law strictly limits when and how much an employer can deduct.
The Fallacy
Employer's Unilateral Offset Authority
The employer treats wages as a flexible amount to be adjusted at will by offsetting any real or claimed loss against them. Kenyan law sharply restricts this. An employer may only make specific categories of deductions, and the total of all deductions — for any reason — cannot exceed two-thirds of the employee's gross wages in any one pay period. Deductions for items like uniforms, alleged breakages, or disputes must also meet strict conditions before they can be lawfully made.
What the Law Says
Your Legal Foundation
Employment Act, 2007 (No. 11 of 2007)
Section 19(1) and (3) — Authorised Deductions from Wages
“An employer shall not make a deduction from the wages of an employee unless the deduction is required or permitted by law; or the deduction is made with the written consent of the employee. The total amount of deductions made from wages in any period shall not exceed two-thirds of the wages due to the employee in that period.”
Only deductions permitted by law (e.g. PAYE, NSSF, NHIF) or those the employee has consented to in writing are lawful. No matter how many deductions are authorised, the total cannot exceed two-thirds of your gross wages in any pay period. A deduction that takes your net pay below one-third of your gross wage is illegal, regardless of the employer's justification.
Employment Act, 2007 (No. 11 of 2007)
Section 20 — Itemised Pay Statement
“An employer shall give each employee an itemised pay statement at or before the time of each payment of wages, showing the gross amount of wages, the variable and fixed deductions, the purposes for which deductions are made, and the net wages payable.”
You are entitled to a written pay slip showing every deduction, its amount, and its purpose. Deductions taken without a corresponding line on your pay slip — or deductions listed without an explained purpose — are themselves a separate breach of the Act.
Employment Act, 2007 (No. 11 of 2007)
Section 17(1) — Payment of Wages
“An employer shall pay to each employee the entire amount of wages earned by the employee.”
Your employer is required to pay you everything you have earned. Withholding wages — whether by unlawful deductions or simply not paying — is a breach of contract and a violation of the Act, actionable at the Employment and Labour Relations Court.
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What They'll Say Next
Common Counter-Arguments
After you respond, they may push back with these arguments. Members get the full rebuttal for each.
They might say: “The deduction is for property you damaged — we have the right to recover our loss.”
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They might say: “The deductions are for a salary advance you asked for — we are just recovering what we lent you.”
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