The Ministry of Labour is preparing to prosecute the contractor behind the construction of Talanta Stadium after investigations into the death of a worker uncovered breaches of labour laws and failure to comply with government directives on workers' rights.
Labour Cabinet Secretary Alfred Mutua told the Senate on Wednesday that the contractor ignored instructions issued by labour inspectors to correct irregularities in employment contracts and pay outstanding wage arrears owed to workers, including the late Sammy Kyengo.
Mutua said investigations established that Kyengo had been formally employed by the contractor under a valid employment contract when the incident occurred.
"The Ministry, through its field officers mandated under Section 35 of the Labour Institutions Act to carry out workplace inspections, inspected the employment records relating to the late Sammy Kyengo. It established that he had been formally engaged by the contractor under a valid employment contract at the time of the incident." Mutua told the senators.
He said workplace inspections, however, found that some terms of the employment contract did not meet the requirements of the Employment Act and the Regulation of Wages (Building and Construction Industry) Order.
Following the findings, labour inspectors directed the contractor to correct the identified violations and compensate affected workers.
According to the Cabinet Secretary, "On December 15, 2025, the contractor was issued with compliance directives requiring it to address the deficiencies, including the calculation and payment of all underpayment arrears owed to the deceased and other employees."
Mutua said the contractor failed to act despite the directives, forcing the Ministry to begin legal enforcement.
"After the contractor failed to comply, the Ministry issued a Notice of Intended Prosecution on January 15, 2026, for failure to rectify the anomalies and pay the outstanding arrears."
He told senators that the Ministry is now finalising a case file that will be forwarded to the Office of the Director of Public Prosecutions (ODPP) to pave the way for criminal proceedings.
"The Ministry is currently preparing a case file for referral to the Office of the Director of Public Prosecutions (ODPP) to facilitate prosecution, enforce the law, and recover the arrears owed. The file is expected to be submitted by next Monday."
Kyengo, 35, disappeared on September 6, 2025, while working at the Talanta Stadium construction site in Nairobi. His body was found seven days later floating inside a water sump behind terraces that were still under construction.
A post-mortem examination established that he died from mild traumatic head injuries and drowning.
The circumstances surrounding his death attracted public attention after investigators reported visible injuries on the back of his head and neck. Blood was also seen coming from his nose and mouth, while his mobile phone had reportedly remained switched off from the day he went missing.
The main contractor for the 60,000-seat Talanta Stadium, also known as the Raila Odinga International Stadium, is the China Road and Bridge Corporation (CRBC). Construction of the facility began in March 2024 under the supervision of the Kenya Defence Forces Engineering Department as part of Kenya's preparations to host the 2027 Africa Cup of Nations.