Right to fair remuneration

Every employee has a right to fair remuneration. Articles 47(1) and 41(2) of the constitution afford everyone the right to fair administrative action and fair remuneration and working conditions. Fredrick Ouma v Spectre International Ltd[2013] eKLR. The court thus noted as follows: “Fair remuneration in my view means remuneration that is adequate and commensurate to the services rendered. It certainly includes a measure of certainty. This is why it is imperative that the remuneration payable to an employee is discussed and agreed upon before services are rendered. The certainty here is important to allow the employer prepare and budget for his pay. Such preparation may include taking a loan in anticipation of the salary that is payable.”

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