This archive report was first published on 4 August 2020.
Employer Ordered to Pay House Help Ksh 270,964 ¶
On August 4, 2020, Justice Mathews Nderi Nduma ruled that a house help, Moreen Muhani, was entitled to compensation after being fired without cause by her employer.
According to the Employment Act 2007, employers should not terminate an employee's contract without a valid reason. In this case, the judge found that Muhani's employer had violated sections 36, 41, 43, and 45 of the Act.
The judge also ruled that Muhani was underpaid and was unfairly terminated after asking for a salary increment. When Muhani started her job, she was employed on a salary of Ksh 3,000, which the judge deemed unfair.
After working for two years, Muhani's employer sent her away without any terminal benefits. The judge ordered the employer to pay Muhani Ksh 270,964, which includes Ksh 13,473 for the holidays she worked without rest.
The Employment Act 2007 requires employers to enroll their house helps into NSSF and NHIF schemes. The law also requires employers to award certificates of service to their house helps upon lawful dismissal.
Justice Nderi's ruling is a significant victory for house helps in Kenya, who have been shielded from unfair practices and working environments. The government has set the minimum wage for house helps at Ksh 10,000.
