Compulsory Leave in Kenya
In Thomson Kerongo & 2 Others vs James Omariba Nyaoga & 3 Others (2017) eKLR, it was the Interested Party’s case that the Speaker of the County Assembly of Kisii, having sent the Clerk of the County Assembly on compulsory leave acted illegally as there was no law providing for compulsory leave.
The judge held that there is no law that prohibits an employer from sending an employee on compulsory leave where the circumstances warrant and provided that the same is but an interim measure. Compulsory leave in Kenya is essentially a suspension of the employee from employment pending investigation of the employment offence and outcome of the disciplinary process. It has the effect of only removing an employee from the workplace on temporary basis without interfering with the terms of his service. As a consequence, an employee is entitled to full pay when on compulsory leave. Further, an employer has no right to offset the compulsory leave days against the employees’ annual leave entitlement.