The Supreme Court of Kenya has now drawn a hard line for public officers. In Dr. Magare Gikenyi v County Government of Nakuru & 4 Others [2026] KESC 12, the Court held that a public employer can lawfully stop your salary without terminating your employment and without violating the Constitution, if you fail to play your part.
The case started in a painfully familiar way. A government doctor went on paid study leave. The leave expired. His studies delayed. He did not formally seek an extension. He did not properly regularize his absence.
Then one day, his salary vanished. No dismissal letter. No dramatic hearing. Just silence and an empty bank account. He went to court claiming violation of dignity, fair labour practices, and fair administrative action. The Supreme Court was not impressed.
The Court held that salary stoppage is not the same thing as termination. Where a public officer absents themselves from duty without approved leave, the employer is entitled to stop salary under public service regulations.
"Having found that the appellant was absent from duty without leave of the County Government or reasonable grounds after the conclusion of his study leave on 21st October, 2017 until he resumed his duties in January 2020, is the appellant entitled to salaries for the period between November 2018 and January 2020? We don’t think so," the Court Judgment reads.Article 47 does not protect an employee who ignores clear procedures. Due process cuts both ways. You must trigger it too.
Most importantly, the Court rejected the idea that every administrative decision requires ritualistic hearings. Where the law and policy clearly provide for salary stoppage due to absenteeism, the employer does not need to negotiate with silence or reward neglect. Public funds are not a sympathy fund.
This decision lands hard for public servants. The Constitution protects rights, not complacency. Study leave has timelines. Extensions must be sought. Silence is not compliance.
And salary is not an entitlement detached from duty. The Supreme Court has spoken plainly. If you disappear from work without approval, the State can stop paying you and the Constitution will not save you.