Samson Misango: Kiambu County to Pay Doctor KSh520,588 for Stopping Salary Without Hearing

Dr Samson Misango shot into the public spotlight after sharing a payslip reportedly showing just KSh41,000 left after deductions.

Now, the Kiambu County surgeon has won KSh520,588 in a court battle after Justice Hellen Wasilwa found he was condemned unheard when his salary was stopped without individual notice or a disciplinary hearing.

Kiambu County must pay a medical specialist KSh520,588 after a court found that it stopped his salary without following due procedure.

In a judgement delivered on October 27, 2026, Justice Hellen Wasilwa awarded Dr Samson Misango KSh500,000 for breach of his employment contract.

The Employment and Labour Relations Court also awarded KSh20,588 for interest arising from unremitted standing orders.

The respondents must additionally pay legal costs and interest at court rates.

The dispute arose from a county exercise to verify health workers’ academic and professional credentials.

The county accused Misango of failing to comply with instructions to present his documents.

But the judge found that the county had not individually notified him before stopping his salary.

Nor had it given him a disciplinary hearing before taking the decision.

“In the case of the claimant, there was no hearing, and so the claimant was condemned unheard,” Justice Wasilwa ruled.

Salary Stopped

Misango joined the Ministry of Medical Services on August 31, 2009, as an Assistant Director of Medical Services and surgeon.

His appointment was confirmed on permanent and pensionable terms in January 2015.

He was subsequently promoted to Medical Specialist I, Job Group Q, effective September 1, 2018.

By 2023, he was serving at Kiambu Level 5 Hospital. His salary supported substantial financial commitments, including two bank loans with hefty monthly repayments.

A Co-operative Bank loan required KSh116,409 monthly. A Faulu Kenya loan demanded another KSh83,796, alongside union dues and other contributions.

Misango said his monthly financial obligations totalled KSh205,882. When his June 2023 salary failed to arrive, meeting those commitments became increasingly difficult.

He discovered the stoppage after visiting his bank to investigate the missing payment.

Bank officials informed him that his employer had not remitted the expected salary.

In a protest to the County Public Service Board, he challenged the decision as unlawful.

“My salary is not a favour given to me by your office,” he wrote.

He argued that payment was a contractual obligation for work already performed.

He also said the stoppage disrupted a proposed Kingdom Bank loan intended to consolidate his debts.

Verification Dispute

The county traced its decision to a verification exercise targeting health workers in Job Groups P, Q, and R.

Memoranda dated March 6 and April 4, 2023, directed affected employees to present their academic and professional credentials.

The exercise also sought to address human resource auditing and headcount concerns.

The county alleged that Misango failed to appear before the board on April 13 and 14.

It said the board resolved on April 26 to stop eight officers’ salaries, including his.

The respondents maintained that the measure was administrative, not disciplinary.

They relied on Sections 59 and 59A of the County Governments Act to support their administrative responsibilities.

However, board secretary Dr Martin Njeri conceded important gaps during cross-examination.

He admitted that the board had not written individually to Misango before stopping his salary.

He also acknowledged that he could not produce the alleged prior warning about salary stoppages.

The board had communicated through departments rather than directly notifying the affected doctor.

Those admissions weakened the county’s defence. The court found that Misango had not received individual notice or an opportunity to respond before losing his salary.

No Hearing

Justice Wasilwa rejected the county’s attempt to distinguish its administrative action from disciplinary measures.

The judgement expressly classified salary stoppage as a disciplinary measure requiring due notice and a hearing.

The judge relied on Section 41 of the Employment Act, which provides procedural safeguards in disciplinary termination cases.

Section 41 requires employers contemplating termination for misconduct, poor performance, or physical incapacity to explain their reasons.

Employees must also be allowed representation by a fellow employee or shop-floor union representative.

The judge found that the county had failed to follow the required procedure. She consequently held that the claimant’s employment rights had been violated.

Although Misango raised several constitutional claims, the judgement’s decisive finding concerned procedural failure and breach of contract.

The county later reinstated his salary following a court order issued on August 4, 2023.

Misango subsequently presented his credentials for verification on December 5, 2023.

Damages Award

The court awarded Misango KSh500,000 for breach of his employment contract. It separately awarded KSh20,588 for interest arising from unremitted standing orders.

The principal award therefore totals KSh520,588, excluding costs and additional court-awarded interest.

The county argued that Misango eventually received his withheld salary arrears. It also disputed whether his alleged financial losses justified additional compensation.

However, the judge found that subsequent payment did not erase the procedural failure. The damages award followed her finding that the county had breached his employment rights.

The judgement did not provide a detailed calculation explaining the KSh500,000 damages award. It also did not separately explain how the court calculated the KSh20,588 award.

For public-sector employers, the ruling carries a clear warning about procedural fairness.

Administrative directives do not automatically override employment protections when decisions threaten workers’ livelihoods.

READ ALSO: Drama as Kiambu thugs steal 500kg church bell

The verification exercise may have served a legitimate administrative purpose. Nevertheless, the court found that its implementation against Misango failed the required procedural standards.

Ultimately, the case turned on a fundamental employment principle. Employers must follow due process before imposing adverse measures against workers.

For Misango, the award provides compensation after months of disrupted financial commitments.

For Kiambu County, it demonstrates the potential legal cost of withholding salary without first hearing the affected employee.

PAY ATTENTION: Reach us at info@gotta.news.