CAP. 226
[Rev. 2012]
Employment
(2) A bond paid by any employer shall be held by the Minister on behalf of
that employer in a separate interest bearing account and shall not be used for
any purpose other than paying wages and other entitlements to that employer’s
employees in the event of default by that employer.
24. Death of an employee
(1) When the death of an employee from any cause whatsoever is brought to
the notice or comes to the knowledge of the employee’s employer, the employer
shall as soon as practicable thereafter, give notice of the death in the prescribed
form to the labour officer or, if there is no labour officer, to the district
commissioner of the district in which the employee was employed.
(2) Upon the death of an employee during the term of a contract of service,
the legal representatives of the employee shall, upon proof of capacity as
required by law, be entitled to be paid wages and any other remuneration and
property due to the employee as at the date of death within thirty days of
submitting the proof.
(3) The employer of the deceased employee shall, within seven days of such
payment provide the labour officer or in his absence the district commissioner
with evidence of the payment.
(4) Where on expiry of three months after the employee’s death—
(a)
no legal representative has laid claim to the wages or property of the
employee; or
(b)
where the employer is in doubt of or has rejected any claim made to
the wages or the property of the employee,
the employer, shall deliver to the labour officer or district commissioner, as the
case may be, all wages due to the employee at the date of his death and shall
deliver to him all property of the deceased employee to be held by the labour
officer or the district commissioner in trust subject to the Law of Succession Act
(Cap. 160) or any other written law applicable to the disposal of a deceased
person’s property.
(5) Where an employee is, during the course of his employment killed or
incapacitated by injury for a period exceeding three days, his employer shall as
soon as practicable, send to the labour officer or, if there is no labour officer to a
district commissioner a report in the prescribed form.
25. Repayment of remuneration wrongfully withheld or deducted
(1) Without prejudice to any other liability for a breach of the provisions of this
Part, an employer who contravenes the provisions of this Part commits an
offence and shall on conviction be liable to a fine not exceeding one hundred
thousand shillings or to imprisonment for a term not exceeding two years or to
both and shall be required to repay any remuneration wrongfully withheld or
wrongfully deducted from the employee.
(2) An employee may file a complaint under this Part—
(a)
to a labour officer;
(b)
not later than three years after the alleged unlawful deduction has
been made.
[Issue 1]
24
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