Why ghosting your employer could cost you up to Sh3.2m

Here’s what the law says about leaving a job.

Can you legally quit your job by SMS, WhatsApp or email?

“Yes, an employee may validly resign through electronic means such as SMS, WhatsApp or e-mail, provided that the communication clearly conveys an unequivocal intention to terminate the employment relationship,” says Mary Audi, a lawyer.

“The Employment Act of 2007 does not prescribe a specific format for resigning. What matters is that the message is clear, goes directly to the employer, and leaves no doubt that the worker wants to leave. Kenyan courts have accepted digital messages as valid notice when those conditions are met.”

What if you simply stop showing up for work without saying a word? Does that count as resigning?

The law treats this as gross misconduct under Section 44 of the Employment Act. The employer can dismiss that worker without notice. Even so, Ms Audi says employers cannot just move on without following due process.

“Courts have held that even where an employee has absconded duty, the employer must demonstrate efforts made to get the employee to resume duty and at the very minimum must issue a notice to the employee that termination on the ground of desertion is being considered,” she explains.

A worker who leaves without proper notice can lose his or her salary. If the contract requires one month’s notice and the worker walks out the next day, the employer can recover that month’s salary from the worker’s final pay.

“Under Section 36 of the Employment Act 2007, where an employee resigns without serving the required notice period, the employer is entitled to recover salary in lieu of notice, either as a direct claim or by way of deduction from final dues,” Ms Audi says.

How much can an employer deduct?

The amount must match only the unserved notice period. Wages for days already worked and any accrued leave must still be paid out in full. An employer cannot use a bad exit as a reason to hold back everything.

Can an employer legally force you to stay in a particular job?

Ms Audi says that this is not possible. “This is forced labour which is constitutionally prohibited in Kenya,” she says. The employer's only real leverage is financial. They can insist on notice being served or claim the money equivalent in court.

What if you resign without returning company property?

Ms Audi says an employer can file a criminal complaint or go to civil court to recover the value of missing items. Final pay can also be withheld up to the value of what has not been returned.

She warns about digital conversations. Many young workers assume their WhatsApp chats are private. They are not, at least not in court.

“WhatsApp messages are admissible as electronic evidence under Section 106B of the Evidence Act, provided the statutory conditions on authenticity and integrity are met,” Ms Audi says. Kenyan courts are using these messages more frequently to settle disputes over resignation, misconduct, and contract terms.

She cites Seven Seas Technology which sued Eric Chege in 2019.

“In this case, the court found that the employee had breached the terms of his employment contract by resigning before completing the contractually stipulated notice period and before serving out the full duration of a training bond he had signed with the employer. The court held that an employee who resigns without honouring the notice obligation is liable to the employer for the equivalent salary for the unserved notice period, and that where an employee departs before the expiry of a training bond, they are liable to reimburse the employer for the proportionate cost of the training investment.”

What if you sign a job contract but never show up?

Fridah Muriithi, another lawyer says bad exits cost workers when employers decide to fight back. She has handled cases where workers signed contracts and never showed up, assuming that because they never worked a single day, there was nothing to hold them to. “Once an employment contract is executed, it creates binding legal obligations on both parties, even before commencement of actual service,” Ms Muriithi explains.

Not showing up after signing can amount to what lawyers call anticipatory breach, meaning the contract is broken before work even begins. An employer who suffers real losses can sue.

Courts, however, require employers to show specific, proven losses such as recruitment costs or business disruption.

“In practice, such claims are rarely pursued unless the employee occupies a specialised or senior role where non-performance causes demonstrable harm,” she says. The principle is that employment law remedies are meant to compensate, not to punish.

Can you be jailed for breaking an employment contract?

Ms Muriithi says breaking a work contract is a civil matter, not a criminal one.

“A civil matter and does not attract criminal sanctions,” she says. An employee can only face criminal charges if they leave after stealing, committing fraud or misusing company property. The charges relate to those offences, not to the act of resigning.

When Seven Seas Technology sued Chege, the court ruled he pays the company salary equivalent to the notice period he did not serve and refund part of the money the employer had spent on his training.

Many employees are sent for employer-funded training, and the costs are often covered by tying them for a certain period of time.

Ms Muriithi says these agreements are legally enforceable, and courts will protect an employer’s investment if the training bond is properly drafted and signed.

One case that shows how costly it can be to break a training bond is Gold Crown Beverages (Kenya) versus Maina Ngugi.

When an employer can put real numbers on what the exit costs them, the bill that lands on the worker can be far bigger than expected.

The right way to leave a job, she says, is always the cheapest way.

Gold Crown Beverages Kenya sued Ngugi after he resigned, bypassing a three-month notice period written into his contract. He also failed to account for salary advances and travel money the company had given him during his employment.

The court ruled in favour of the employer, ordering the employee to pay Sh3.2 million.

Ms Muriithi cautions workers who thinks disappearing is the easiest way out.

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