House Help Wins in Court, Employer Ordered to Pay Kshs. 569,717 for Underpayment

 A Kisumu court has handed a major victory to former house help Gladys Misango, affirming that she was unfairly dismissed and entitled to Kshs. 569,717.48, despite her employer’s attempt to overturn the ruling.

The court upheld the bulk of the trial court’s findings in her favor, confirming that Misango, who worked for Rahim Ibrahim Ramzan from March 2018 to March 2024, was unlawfully terminated after six uninterrupted years of service.

In his appeal, Ramzan claimed that Misango was not a full-time employee but a casual worker who only reported “once in a while,” and that she deserted duty after falling ill.

However, the court dismissed the claims, noting that Ramzan himself had admitted to paying her a monthly salary of Kshs. 4,000, making the allegation of casual employment untenable.

Justice Jacob Gakeri of the employment and labour court in Kisumu found that Ramzan failed to take reasonable steps to trace the employee or issue a notice to show cause before deeming her to have deserted duty.

"The appellant has failed to prove that the respondent(Misango) deserted her employment. No reasonable steps were taken to ascertain her whereabouts or to issue a notice to show cause," the judgement stated.

Although Misango had told the court that she was not welcomed back after her illness,the appellants case was that the respondent deserted the workplace.

While most of the trial court’s findings were upheld, including underpayment, unpaid house allowance, and minimum wage violations, the Kisumu court made two adjustments.

 It set aside the award of gratuity, noting it is only payable when provided for in a contract, and reduced compensation from four months to two months, awarding Kshs. 34,963.80 under that head.

Despite these reductions, the judgment remained largely in her favor, reaffirming her rights and correcting long-standing wage violations. 

In Courts

Both parties were directed to bear their own costs of the appeal, with the court noting the employer’s success was only partial.

"Each party shall bear its own costs of the appeal due to the partial success of the appellant," stated the judgement.

Misango told the court she worked full-time in the household, cleaning, cooking, and managing chores, often starting her day at 8:0 a.m - 4pm and also for appellant sisters from 4pm.

She explained that her abrupt dismissal came as she was recovering from illness and pregnancy-related complications, leaving her without income at a particularly vulnerable time.

The Kisumu court emphasized that domestic workers are entitled to dignity and full protection under Kenyan labor laws, rights often overlooked in the sector. 

"Domestic workers, like any other employees, are entitled to dignity and fair treatment under Kenyan labor laws," the judgement stated.

In closing, the court noted that while the employer achieved minor success, the substantive issues were conclusively resolved in favor of the worker.