Being paid less than the legal minimum is more common than it should be, particularly in domestic work, security, retail and farm work. Many employees do not know the rate for their job, and some employers rely on that. If you suspect you are underpaid, you can check, gather your evidence and act in a calm and orderly way. This guide is general information, not legal advice.

Know that there is a minimum

The government sets minimum wages by regulation for different sectors and categories of worker, and updates them from time to time. The rates differ between areas such as cities and rural areas, and by type of work. An employer cannot lawfully pay less than the minimum, and an agreement to accept less does not change that. Minimum wage order 2026: new rates from May describes a recent update.

Find the rate for your job

Start by working out which category you belong to: the sector, the type of job and the place you work. Then look up the current rate for that category. The minimum wage checker lets you check a role against the rates, and how to check the minimum wage for your job explains how to read the order. Be careful to compare like with like: the minimum is usually a basic pay figure, and allowances may or may not count, depending on the order.

Work out what you are actually paid

Write down what you receive each month. Use your payslip if you have one, or your bank and M-Pesa statements if you do not. Note your basic pay, any allowances, overtime and deductions. If you work overtime, check it is paid at the right rates; the overtime pay calculator and overtime pay rules and tax in Kenya show the standard multipliers. Then calculate what you should have received at the minimum rate.

Gather your evidence

Keep copies of your contract or offer letter, payslips, payment records, a note of your hours and any messages about pay. If you have no written contract, your statements and the testimony of colleagues may help. Start a simple record now; the tax records checklist and document log is one way to keep documents together. Evidence turns a complaint from an opinion into a fact.

Raise it with your employer

In many cases the first step is a calm conversation. Say that you have checked the minimum for your role and believe your pay is below it, show the figures and ask for the pay to be corrected from a stated date. Some employers genuinely did not know. Follow up in writing so there is a record. A reasonable employer will review the figures; if they agree, ask for a revised contract or letter stating the new rate.

If the employer will not fix it

You can take the matter to the labour office in your county, which can inspect, advise and in appropriate cases require compliance. You may also seek help from a trade union, a legal aid clinic or an advocate. The law protects workers from being dismissed for asserting their rights, and a dismissal for complaining may itself be unlawful, but proving this requires evidence, so keep your records and any messages.

Claiming arrears

If you were underpaid for months, you may be entitled to the difference, subject to the time limits for claims. Add up the shortfall month by month and state the total clearly in your complaint. Be realistic: negotiating a lump sum or a payment plan may be quicker than a long dispute, but make sure you understand what you are giving up before you sign anything.

Other things to check at the same time

If your pay is wrong, other things may be too. Check that NSSF, SHIF and the Housing Levy are deducted and paid, using how to check your NSSF, SHIF and Housing Levy are being paid. Check your leave entitlement in annual leave rights and leave pay in Kenya, and whether you have a written contract, as described in what to check in an employment contract before you sign.

For employers reading this

If you employ people, check the rates every time an order is published, and update your payroll from the effective date. The net to gross salary calculator shows the cost of a pay rise to the business. Paying the minimum is a legal duty, and a record of compliance protects you if a complaint is made.

Know you are not alone

Underpayment affects many workers, and there are organisations that help. Start with the facts, act in writing and keep copies. Getting paid what the law requires is not a favour; it is your right.