Davies Kip

I'm awesome

[ROBA & ASSOCIATES LLP @AssociatesRoba]

🚨🚨 BREAKING: YOUR EMPLOYER'S CASHFLOW PROBLEMS DO NOT SUSPEND YOUR RIGHT TO A SALARY.

The Employment and Labour Relations Court at Kisumu has delivered an important decision clarifying a question that affects thousands of Kenyan workers: what happens when an employer simply stops paying salaries because business is struggling? In Pride King Services Ltd v Innocent Onyango [2026], a security guard resigned after going four consecutive months without receiving his salary. The employer admitted that it had experienced financial difficulties, explained that employees had been informed of the situation, and argued that the Respondent should have waited for the company to stabilize because the outstanding salaries would eventually be paid. The Court rejected that reasoning. In one of the most striking passages of the judgment, Justice Nzioki wa Makau reasoned that it is not the responsibility of a worker to figure out how the employer will pay his wages. The Court held that by failing to pay wages for months, the employer had created the very circumstances that led to the termination of employment and therefore upheld the finding that the employee had been constructively dismissed.

The Court's reasoning is significant. A salary is not a discretionary benefit that an employer may postpone until business improves; it is the primary consideration for an employee's labor and one of the employer's most fundamental contractual obligations. While the employer pleaded financial hardship, the Court found that such hardship could not be shifted onto an employee who continued reporting to work without pay. At the same time, the Court carefully distinguished liability from quantum. Although it upheld the findings on unlawful termination, salary arrears, notice pay, service pay and compensation, it reduced the awards for underpayments, house allowance and accrued leave because those claims were subject to the statutory limitation period under the Employment Act.

The jurisprudential importance of this decision lies in its reaffirmation that the risk of running a business belongs to the employer, not the employee. Courts will not readily accept financial difficulties as a legal justification for withholding wages while expecting employees to continue working. Equally, employees who seek relief must be alive to the limitation periods governing employment claims, as even a successful claim may be substantially reduced if brought outside the periods prescribed by law. The judgment therefore strengthens two important principles of Kenyan employment law: wages remain a fundamental contractual obligation despite economic hardship, and statutory employment rights must be enforced within the timelines established by Parliament.

Kindly repost widely 🙏

[Rèxy🍒 @rexystev]

Guys please check on your fathers😂😂

[Chief 🇰🇪 @Nzukiiii]

Watu wa Ruiru hushukishwa hapa wanateremka kama wild beasts 😂

[LANDLORD🇰🇪 @bozgabi]

Algorithm ikikufikisha hapa piga RETWEET to pay tributes to our fallen Comrades🕊️

[Khan 🧢 🌟 @Khanstilldayy]

Made a mistake 😭

[Shadrack Matata @shadrac_matata]

Hii uchumi imeshikiliwa na walevi. Huku naona profit ya KC 750ml pekee inatoshana na gross ya Microsoft.

[Piga Firimbi @pigafirimbi]

Dennis Itumbi, Head of Presidential Special Projects in Kenya's State House, shared a photo on X claiming to show world leaders at the 2026 G7 Summit. It contains at least four verifiable red flags.

A fact-check🧵

[WARÚHIÚ @kamauwaruhiu]

One time I left my car in limuru and took a matatu to kiamb, Saving manenos . Imagine my horror when Nairobi county sent me a fine that I was illegally parked in ngara ,nikasema mama yangu wameiba Subaru ya mzee 😭😭😭 . I had to call someone in limuru aone kama Bado Iko . Hope this fine thing will not go the same route.
This thing can even break marriages. Baba Liam unaniambia uko kanisani na ntsa wanasema umepita juja ukiwa 100km /hr . Baba Liam umerudiana na yule msichana mnono wa ruiru ,baba Liam Mimi sio mjinga.

[KARMAKHIZ @karmakhiz01]

As a man, once you open your eyes in the morning, war don start..

[Tutankhamun @rileyarnie]

If someone ever asks that question of “how was Africa colonized?” Just show them Kenya’s president.

[Arpit Kool @arpitk217]

Let him sleep bro 😭😭

[Adelle Onyango @ADELLEO]

Wonderful scenes! Kenyans are waking up and I love it! The ground must become UNBEARABLE for these folks. Unbearable!

[Wambo @BoboWamboiKuria]

Find happiness in what you do cz you might not find it anywhere else.

[Mike Morrison @MDMorrison82]

In the dead of night the Scots arrived at the Airbnb across the street. Decked out and playing the pipes at 6:30 am. So it begins…

[DaniHealz333💛💫✨ @DaniHealz333]

🤣😂😭The caption

[Joy Car hire @JCarhire]

Me and mpoa in 2067.

[Benii @Bane_Brock]

@Primeandeka Unashukaga nikama unatoka kwa Boeing pale jkia😂

[Andeka @Primeandeka]

Kuna base apo bypass ruiru watu hushikishwa juu alafu wanateremka chini kama wildebeest during migration (not clear)😅

[𝑀𝑒𝓁𝓁𝒶𝓃 @mellangakii]

Ogopa wasichana, mtu alikublock 10 months ago somehow finds a way to contact you na the first thing ni "uko wapi babe?" First of all what happened to kujiheshimu? Secondly kwani unanibeba aje?Thirdly niko tao na key iko hapo kwa mama mboga