An employer cannot simply stop your salary as a punishment. If your employer thinks you have done something wrong, the complaint must go through the disciplinary process first. Only after that process can any consequence follow. Cutting off pay first and asking questions later is not allowed.
Why stopping pay is a punishment
Stopping salary is treated as a disciplinary measure. That means it is a sanction, like any other penalty an employer might impose for misconduct. Because it is a sanction, it cannot be applied on the employer’s own initiative before the disciplinary process has been followed. The process comes first, and the penalty comes after it, never the other way round.
The Employment Act, 2007 also limits when an employer may deduct wages. Section 19 lists the only cases where this is allowed, and withholding pay as a penalty is not one of them.
What a fair process looks like
Where an employee is accused of misconduct, section 41 of the Employment Act requires the employer to do certain things before any sanction:
- Explain the allegation to the employee.
- Hear the employee’s side of the story.
- Allow the employee to have a colleague or a union representative present.
So a manager who is unhappy with you cannot just tell the payroll office to hold your pay. You should first be told what you are accused of, and you should be given a real chance to respond.
What the court has said
The Employment and Labour Relations Court has held that an employer cannot stop an employee’s salary as a form of punishment without first following the disciplinary process. Stopping salary as discipline without a charge or a hearing is unlawful, and the court may order the unpaid salary to be restored.
Note that pay is not restored automatically or instantly. In real life, it is restored when the employer corrects its decision or when a court orders it.
What you can do if this happens to you
- Ask your employer, in writing, why your salary was stopped and what you are accused of.
- Keep copies of your payslips, your contract, and every letter, email or message about the issue.
- Note the dates: when you last got paid, when the pay stopped, and whether anyone invited you to a hearing.
- If you are invited to a disciplinary hearing, ask who may accompany you, and bring a colleague or union representative if you wish.
- Speak to an advocate or your union about your options.
Every case depends on its own facts, so get advice on your own situation before deciding what to do.
📚 Misango v Human Resources Manager, Kiambu County & 6 others [2026] KEELRC 14738 (KLR)
Entertainment and general information, not legal advice. For advice on your own situation, speak to an advocate.