The Employment and Labour Relations Court in Kisumu has upheld a major award in favour of a domestic worker who was underpaid for years and later dismissed unfairly.

The ruling, delivered on November 6, 2025, found that the employer, Rahim Ibrahim Ramzan, violated multiple labour laws by paying the worker just Ksh4,000 per month and failing to provide statutory rights.

According to court documents in Ramzan v Misango (Appeal E005 of 2025), the respondent, Gladys Misango, was employed in March 2018 and worked until March 2024.

She told the trial court that she was “unfairly terminated without reason or notice” and had never been granted leave, housing allowance, or NSSF benefits.

The court noted that Misango served diligently for six years, and her dismissal came shortly after she fell sick.

Justice Dr. Jacob Gakeri stated that Misango was “underpaid for years, denied leave, no NSSF, no house allowance,” and was unlawfully removed from employment.

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Wages Orders and Underpayment

The court affirmed that domestic workers must be paid according to the Regulation of Wages Orders, which set the minimum salary guidelines.

It emphasized that “these salaries in the Wages Orders are exclusive of house allowance of 15% which an employee is entitled to.”

Justice Gakeri upheld the lower court’s assessment that Misango had been significantly underpaid, confirming the underpayment amount of Ksh403,259.40.

He further noted that the house allowance due was correctly computed at Ksh82,088.91.

On annual leave, the court found that the employer had no evidence that the worker ever took leave.

The judge stressed that “annual leave is a statutory right” and awarded Ksh31,923.47 for accrued leave over three years.

Appeal on Gratuity and Court’s Corrections

One part of the initial judgment that did not stand was the award of gratuity.

The judge explained that gratuity is “a gift… only payable if contractually agreed upon” and cannot substitute for NSSF remittances.

He ruled that the lower court erred in granting gratuity and set aside that portion of the award, stating that failure to remit NSSF did not justify such compensation.

Even so, the court maintained that Misango was entitled to compensation for unfair termination.

Justice Gakeri found that although she had served for six years with no misconduct, she contributed slightly to the breakdown in communication, noting that “a simple phone call would have been sufficient.”

He awarded her compensation equivalent to two months’ salary totalling Ksh34,963.80, replacing the trial court’s earlier four-month award.

The worker was also granted Ksh17,481.90 as salary in lieu of notice.

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Final Award and Delivery of Judgment

In total, the court awarded Ksh569,717.48, upholding all other elements of the trial court’s judgment except gratuity and the initial higher compensation period.

Both parties were ordered to bear their own costs.

Justice Gakeri delivered the judgment virtually, citing earlier judicial directives on remote delivery.

He observed that courts must “use suitable technology to enhance the overriding objective… to facilitate just, expeditious, proportionate and affordable resolution of civil disputes.”

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Kisumu Law Courts Building. PHOTO/ Nation