𝐊𝐞𝐧𝐲𝐚𝐧 𝐜𝐨𝐮𝐫𝐭 affirms 𝐞𝐪𝐮𝐚𝐥 𝐩𝐚𝐲 𝐩𝐫𝐢𝐧𝐜𝐢𝐩𝐥𝐞 𝐢𝐧 𝐥𝐚𝐧𝐝𝐦𝐚𝐫𝐤 𝐰𝐨𝐫𝐤𝐩𝐥𝐚𝐜𝐞 𝐝𝐢𝐬𝐜𝐫𝐢𝐦𝐢𝐧𝐚𝐭𝐢𝐨𝐧 𝐫𝐮𝐥𝐢𝐧𝐠. In a significant decision, the Employment and Labour Relations Court in Kenya has reinforced the principle of equal pay for equal work. The court ruled that it is illegal under Kenyan law to pay employees differently for similar work, a move that strengthens workplace equality. Tom Oduor Ogila, the Claimant, filed a case against his former employer, Dawa Life Sciences Limited, the Respondent, claiming unfair termination and discrimination.   Ogila was hired by the Respondent in December 2015. In February 2016, he was appointed to the position of Production Manager in an acting capacity, in addition to his regular duties, but was not compensated for this additional role for 22 months. He was later confirmed in the position, but his salary remained unchanged.   Ogila claimed that he performed his duties diligently and was recognized as the best manager in 2018. However, the Respondent allegedly refused to increase his salary to match that of his peers or his predecessor, who earned Kshs 509,829 per month. He also alleged that he was paid less than other colleagues in similar positions.   In September 2020, Ogila's salary was increased to Kshs 350,000, but he argued that this was still lower than his colleagues' salaries. He was eventually terminated on account of redundancy on January 27, 2022. Ogila contended that the redundancy process was unfair and unlawful. Justice Stella Rutto ruled that pay disparities constitute discrimination. The case involved Dawa Life Sciences , a pharmaceutical firm, which was ordered to pay former senior manager, Tom Ogila , Kshs 2 million for violating his right to equal treatment. The court heard that Oduor, who was promoted in 2016, earned less (Kshs 180,554) than his peers, whose average salary was Ksh's 350,000. Despite internal acknowledgment of this pay gap, it was only rectified in 2020. Oduor was later dismissed in 2022 under claims of redundancy. The court rejected the company’s argument of individual-based salary negotiations, emphasizing employers' legal obligation to ensure equity and eliminate discriminatory practices. The court awarded Oduor a total of Kshs 3.8 million for unfair termination, unpaid leave, and unequal pay. This ruling reinforces the enforcement of Section 5 of the Employment Act in Kenya, enhancing employer accountability in upholding equal pay and non-discriminatory practices. CHRP(K) Kavoo Mutua (MIHRM) Dennis Kyalo Purity Warui Nancy Mweche #EqualPay #Kenya #LabourLaw #WorkplaceEquality #HumanResources #EmploymentLaw #FairCompensation #Justice #LegalPrecedent #HRCompliance #LabourRights #WorkplaceEquality #EmploymentLaw #KenyaJudiciary #EmployeeRights #HRCompliance