(Nairobi) – Nine Kenyan employees working at the South Sudan embassy in Nairobi have taken legal action by filing a case at Kenya’s Employment and Labour Relations Court. They claim they have been underpaid and experienced lengthy periods without receiving their salaries over the past 13 years.
Court documents reveal that on occasions when salaries were distributed, some employees received significantly less than what was recorded in official payroll documents from Juba. Allegations have also been made that deductions for pensions and other statutory contributions were not transmitted.
The employees, who are employed in the embassy’s foreign affairs, immigration, and security departments, have stated that they have not been presented with employment contracts despite their service of over a decade. They are requesting compensation for approximately 53 months of unpaid salaries, equating to almost three and a half years.
An employee, for instance, accepted a net monthly salary of USD 500 (approximately 2.3 million South Sudanese Pounds) but is now seeking USD 25,750 (about 118.45 million SSP) in arrears.
However, payroll records from Juba show a net monthly salary of USD 2,835 (around 13.03 million SSP) for the same employee in August 2023, a figure significantly higher than claimed payments.
Another employee, with an agreed net monthly salary of USD 1,000 (approximately 4.6 million SSP), is seeking over USD 53,000 (about 243.8 million SSP) in arrears. Once again, payroll records indicate USD 2,835 for August 2023, more than double the agreed amount.
Records show that salaries were consistently paid only between 2013 and 2015 over the course of the past 13 years. Some payments were purportedly made in cash without any accompanying payslips.
This legal dispute may challenge the application of diplomatic immunity, which typically shields embassies and diplomats from legal action in host countries. The workers’ legal representative, Nicodemus Ouma of Cheboi Ouma Oriema Advocates, has referenced a 2020 Kenyan Court of Appeal ruling that found diplomatic immunity does not extend to employment disputes, categorised as private or commercial matters. This ruling is presently being appealed at the Supreme Court.
According to court documents, the employees previously corresponded with embassy officials to address the payment discrepancies, but no action was taken. The embassy was given until 8 August to confirm its legal representation before the case progresses.
