Kenya Power has been ordered to pay a former employee Sh2.38 million in unpaid acting allowance after retaining her in a senior position without full compensation.
Employment and Labour Relations Court Judge Hellen Wasilwa ruled that Zilpa Auma Ayara was entitled to the allowance for periods she served as acting officer in charge of the National Contact Centre, dismissing the utility’s argument that part of her claim was time-barred.
In a judgment delivered by the judge, the court awarded Ayara Sh2,388,208, less statutory deductions, together with costs and interest at court rates from the date of decision.
However, the court declined to grant her substantive appointment as Chief Officer, finding that her claim for confirmation to the position lacked merit in view of the government’s employment policy.
Ayara had worked for Kenya Power for 36 years, having joined the company on June 1, 1987, before taking early retirement in April 2024.
She told the court that she was appointed acting Chief Officer in charge of the National Contact Centre in April 2018 but remained on a lower salary scale despite performing the duties of the senior position.
The position fell vacant following the transfer of the previous office holder.
Ayara argued that she continued discharging the responsibilities without receiving the salary and benefits attached to the position.
She sought Sh34.13 million in salary arrears, Sh3.08 million in unpaid acting allowance and Sh5 million in compensation for alleged discrimination, among other reliefs.
In her ruling, Justice Wasilwa found that Ayara was entitled to an acting allowance for the period she performed the role before the arrangement was changed in October 2020.
“It is however true that between 6/4/2018 the said date 2/10/20, she remained as acting in charge of the National Contact Center central office and was therefore entitled to an acting allowance,” the judge ruled.
The judge noted that Ayara had requested clarification of her duties and payment of the allowance in a letter dated August 9, 2018, but Kenya Power did not respond to her request.
The court further observed that the company adjusted her basic salary to Sh196,896 under salary scale MG09 with effect from January 1, 2020, without including the acting allowance.
Justice Wasilwa rejected the company’s argument that the claim was time-barred, finding that the employee had repeatedly raised the issue during her employment.
“The claim in my view falls under a continuous injury which she constantly raised and was denied,” the judge said.
The court calculated the unpaid allowance at 20 per cent of Ayara’s substantive basic salary of Sh205,880 for the relevant periods, arriving at Sh2,388,208.
The award comprised Sh1,235,280 for 30 months and a further Sh1,152,928 for 26 months up to December 2022.
Kenya Power had opposed the claim, arguing that Ayara did not serve continuously in the acting position for six years.
The company told the court that another employee, Martha Njeri Kamanu, was appointed acting Chief Officer in May 2020, before Ayara resumed acting duties in January 2023.
It maintained that Ayara was only entitled to an acting allowance, not the full salary of a substantively appointed Chief Officer, and argued that confirmation to the position would have required competitive recruitment.
The company also denied discriminating against Ayara, saying she had not demonstrated that she was treated differently from comparable employees.
The judge agreed that the discrimination claim had not been proved.
“As concerns other claims for discrimination, this has not been proved and is therefore disregarded,” she ruled.
Kenya Power was ordered to pay the awarded amount, costs of the suit and interest at court rates from the date of judgment.