(NAIROBI) – Nine Kenyan nationals have taken legal action against the Government of South Sudan, accusing it of failing to pay them salary arrears worth $320,195 (approximately SSP 1.47 billion). The group employed at the South Sudanese Embassy in Nairobi claim the unpaid wages have accumulated over a 53 month period in a case that has revealed a crisis over civil servant pay both within and outside South Sudan’s borders.
The employees work in different sections of the embassy including foreign affairs, immigration and security. In separate but coordinated lawsuits filed at the Milimani Law Courts in Nairobi, the workers argue that they were never issued written employment contracts despite serving the embassy since 2012.
One of the claimants, Charles Erika Eloto, stated in court filings that while he had worked diligently, he had only received partial or irregular salary payments since 2016. He said salary payments between 2013 and 2015 were the only consistent ones during his 13 years of service.
| Claimants | Department | Monthly Salary Range | Duration of Arrears |
|---|---|---|---|
| Charles Erika Eloto | Security | $500–$610 (SSP 2.3–2.8m) | 53 months |
| Florence Muhonja | Immigration | Same range | 53 months |
| Peter Njenga Gitau | Foreign Affairs | Same range | 53 months |
| Joan Odiyo, Godfrey Mehta, and others | Mixed departments | Same range | 53 months |
The staff allege that salary inconsistencies began in 2016, with some months unpaid and others paid in half. They claim to have received no payment between October and December 2016, and again from August to December the following year. In 2025, they report missing pay between April and June.
In their legal submissions, the workers argue that their agreed working hours were from 8:00 am to 5:00 pm, six days a week, but they were often required to work beyond this without additional pay. They claim to have repeatedly requested their dues both verbally and in writing, but without success. Letters submitted as evidence include multiple salary demands addressed to the embassy and a formal complaint sent to Kenya’s Ministry of Foreign Affairs on April 14, 2025, before filing the lawsuit.
The workers are represented by lawyer Nicodemus Ouma, who has cited a 2020 Kenyan Court of Appeal decision that limits the use of diplomatic immunity in labour disputes. In that case, the court ruled that diplomatic protections do not apply to employment matters, especially when local labour laws are allegedly violated.
That precedent may influence the current case. Judges Wanjiru Karanja, Hannah Okwengu and Fatuma Sichale, who presided over the earlier case involving Sweden’s embassy in Nairobi, concluded that embassies are not immune from legal claims involving commercial or labour related activities.
The suit comes in the middle of broader financial pressures on the South Sudanese government. The country has long struggled to meet salary obligations for its public servants. In 2016, 2020, and again in 2024, Juba admitted it was behind on wage payments. In one widely reported incident, a South Sudanese diplomat in Rome, Gai Lel Ngundeng, was filmed sobbing on the streets after being evicted for failing to pay rent due to delayed salary payments.
In December 2024, South Sudan’s Ministry of Finance announced the gradual release of salary arrears following a directive by President Salva Kiir. Officials blamed the delays on disruptions to oil revenue, particularly after pipeline damage in neighbouring Sudan. Members of Parliament had reportedly gone four months without pay, while military personnel had waited up to ten months.
| Year | Known Salary Delay Cases | Remarks |
|---|---|---|
| 2016 | Widespread civil servant arrears | Civil war disrupted revenue flows |
| 2020 | Civil servants took up odd jobs for income | Voice of America interviews confirmed hardship |
| 2024 | Diplomat in Rome went unpaid, lived on the street | Viral video sparked international concern |
| 2025 | MPs and soldiers faced 4–10 months without pay | Pipeline damage cited as reason |
The Nairobi claimants are seeking full payment of their alleged arrears with interest at court rates of 12 percent, in addition to legal fees. The South Sudanese Embassy had not responded to the suit by press time, and it remains unclear whether it will mount a legal defence or pursue an out ofcourt settlement.
