Serious allegations have emerged against Kakamega businessman and MCA Collins Ayugu, with former workers at his Havannas Lounge in Kakamega claiming they were subjected to intimidation, physical violence, confinement and sexual abuse while demanding payment for work they say they had already performed.
The allegations, contained in a complaint attributed to former employees, paint a disturbing picture of what the workers describe as a hostile environment at the entertainment establishment.
The complainants are now calling for investigations by relevant authorities, saying they have allegedly suffered in silence for fear of intimidation and retaliation.
Workers claim they were denied salaries
According to the complaint, some former employees were dismissed from the establishment without receiving their outstanding salaries and other payments allegedly owed to them.
The workers claim that attempts to return to the premises and demand their dues were allegedly met with intimidation.
One former worker alleged that employees seeking their unpaid wages were sometimes locked inside a store located within the premises.
The complainant described the room as a “cell”, alleging that workers were confined there and subjected to beatings and sexual assault.
These allegations have not been independently verified, and no court or law-enforcement agency has publicly established that the alleged acts occurred.
The claims, however, are serious enough to warrant investigation, particularly because they involve allegations of physical violence and sexual offences.
Claims of goons being used to intimidate workers
The former employees further allege that individuals described as “goons” were used to intimidate workers who returned to the club seeking their salaries.
According to the complaint, some workers were allegedly beaten and chased away instead of being allowed to discuss their outstanding payments with management.
The complainant also alleged that Ayugu has been involved in political mobilisation and claimed that some individuals were being used to intimidate workers.
It remains unclear whether police have received formal complaints relating to the allegations or whether any investigation has been opened.
What Kenyan law says about unpaid wages
Kenya’s Employment Act places clear obligations on employers regarding payment of wages.
Section 17 provides that an employer must pay employees the wages earned for work performed.
The law also provides mechanisms through which workers can pursue remuneration that has allegedly been wrongfully withheld.
Section 25 further provides that an employer who wrongfully withholds or deducts remuneration can be required to repay the money, while an employee may lodge a complaint with a labour officer.
This means that a dispute over unpaid salaries is not simply a private disagreement between an employer and an employee; workers have legal avenues through which they can pursue their claims.
Sexual-assault allegations raise even bigger concerns
The most disturbing part of the complaint concerns allegations that workers were sexually assaulted while allegedly being confined at the premises.
Kenya’s Employment Act expressly prohibits sexual harassment in the workplace and defines it to include unwelcome physical behaviour of a sexual nature that negatively affects an employee’s employment or working environment.
The Employment (General) Rules also require employers with at least 20 employees to have a sexual-harassment policy and provide procedures for complaints, investigations and protection against retaliation.
However, allegations of sexual assault can go beyond an employment dispute and potentially raise criminal-law issues, depending on the circumstances and evidence.
That is why the accusations should ideally be subjected to an independent investigation rather than being settled through informal negotiations between the parties.
Calls for authorities to investigate
The former workers are appealing to labour officials and law-enforcement authorities to investigate the allegations and establish what happened at the premises.
They are also demanding payment of salaries and other benefits they claim remain outstanding.
The complaint comes at a time when employers across Kenya continue to face scrutiny over workers’ rights, particularly in industries such as hospitality and entertainment where employees can sometimes work long hours and operate under informal employment arrangements.
For the allegations against Ayugu and Havannas Lounge to be conclusively established, investigators would need to speak to the complainants and other workers, examine employment and payment records, establish whether any injuries were reported or documented, and investigate the specific allegations of confinement and sexual violence.
Ayugu and the management of Havannas Lounge should also be given an opportunity to respond to the allegations.
Disclaimer: At the time of writing, the allegations remain claims made by former workers and should not be treated as established facts unless independently verified or proven through an appropriate investigation or court process.
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