What to Do if Your Employer Withholds Salary in Kenya

When Peter checked his bank account on payday, nothing had been credited.

At first, he wasn’t alarmed.

His employer had delayed salaries before, and payment usually came a few days later.

But this time, days turned into weeks.

When he asked his supervisor, he was told, “Management is working on it.”

HR gave a similar response: “Please be patient.”

Meanwhile, rent was due, school fees had to be paid, and loan repayments couldn’t wait.

Like many employees in Kenya, Peter found himself asking:

Can my employer legally withhold my salary?

The answer depends on the circumstances, but Kenyan employment law provides important protections for employees.

What Does the Law Say About Payment of Wages?

Under the Employment Act, 2007, an employer is required to pay an employee the wages or salary agreed upon in the employment contract.

The Act also provides timelines for payment depending on how an employee is paid. For example:

• Employees paid daily should generally be paid at the end of each day.
• Employees paid weekly should generally receive payment at the end of the week.
• Employees paid monthly should receive their salary at the end of the agreed pay period, usually at the end of the month.

An employer cannot simply decide to withhold an employee’s salary without a lawful reason.

Can an Employer Withhold Salary Because Business Is Slow?

Financial difficulties do not automatically relieve an employer of the obligation to pay employees for work already performed.

If an employee has worked during the agreed period, they are generally entitled to receive the wages earned under the employment contract.

An employer experiencing financial challenges should communicate openly with employees and, where necessary, explore lawful alternatives rather than unilaterally withholding salaries.

What Should You Do If Your Salary Has Not Been Paid?

1. Confirm That There Has Actually Been a Delay

Before taking further action, establish whether the salary has genuinely not been processed.

Sometimes delays occur because of:

• Banking system issues.
• Payroll processing errors.
• Administrative mistakes.

Seek clarification from your supervisor or HR department before making assumptions.

2. Request an Explanation in Writing

If payment has not been made, ask your employer for a clear explanation.

It is advisable to communicate professionally and keep copies of emails, letters, or other correspondence.

Written communication creates a record should the matter need to be addressed later.

3. Review Your Employment Contract

Check your employment contract for provisions relating to:

• Salary amount.
• Pay dates.
• Permitted deductions.
• Any clauses dealing with delayed payment.

Your contract forms part of the employment relationship and should be read together with the Employment Act.

4. Keep Records

Maintain copies of:

• Payslips.
• Bank statements.
• Employment contract.
• Attendance records.
• Correspondence regarding the delayed salary.

Proper documentation is important if the dispute escalates.

5. Use Internal Grievance Procedures

Many organizations have grievance or complaint procedures.

Where available, follow these processes first by raising the matter formally through HR or management.

Internal resolution is often faster and helps preserve the employment relationship.

6. Seek Assistance if the Matter Is Not Resolved

If the employer fails to pay salary without lawful justification and internal efforts do not resolve the issue, an employee may report the matter to the appropriate labour authorities or pursue other legal remedies available under Kenyan law.

Depending on the circumstances, disputes relating to unpaid wages may also be referred to the appropriate court or tribunal with jurisdiction over employment matters.

Can You Refuse to Work Because You Haven’t Been Paid?

This is a question many employees ask.

The answer is not always straightforward.

Choosing to stop reporting to work without following the proper legal process may expose an employee to disciplinary action or allegations of absconding duty.

If your salary has not been paid, it is generally advisable to first seek clarification, document the issue, and follow the appropriate dispute resolution channels rather than simply staying away from work.

Each situation should be considered based on its specific facts.

What Employers Should Remember

Salary is not simply a benefit.

It is a contractual obligation.

Employees depend on their wages to meet essential financial commitments, including housing, food, transport, education, and healthcare.

Where delays become unavoidable, employers should communicate openly, provide accurate information, and work towards resolving the situation as quickly as possible.

Lack of communication often damages trust more than the delay itself.