Imagine leaving your job, only to hear from friends that your old boss is still using your name on company documents. This is the confusing reality of “my former boss is pretending I still work there.”
We’ll look at why this happens in Kenya, the legal risks for you, and the steps to take to protect your name and future. Knowing your rights is crucial in our job market.
Why Would a Boss Do This in Kenya?
It’s not just about being forgetful. Often, a former boss keeps using your name to meet legal quotas, win tenders, or access your professional licenses. A common misconception is that it’s harmless, but it can land you in serious tax or legal trouble if, for example, the company commits fraud in your name.
To Fulfill Contract or Tender Requirements
Many government and private tenders in Kenya require proof of having certified staff, like engineers or accountants. If you were the qualified person on the team, your ex-boss might keep listing you to avoid losing that business edge or breaching an active contract with a body like the National Construction Authority.
To Maintain Access to Your Credentials
Your former employer might still be using your KRA PIN, NCA or EBK registration number to submit project documents. This is especially risky because you become liable for any shoddy work or unpaid taxes linked to that PIN. The key threshold to remember is that you are legally responsible for any activity under your personal identification numbers, even if you didn’t authorize it.
How This Pretence Can Directly Harm You
This isn’t just a minor annoyance; it can actively damage your career and finances. The main danger is that you become legally and financially entangled in a company’s activities without your knowledge or consent, creating a mess that’s si rahisi to clean up.
Here are the concrete ways this can backfire on you:
- Tax Liability with KRA: If your former boss files returns or makes transactions using your PIN, KRA will hold you responsible for any unpaid taxes or penalties. You could find your eCitizen account flagged, preventing you from renewing your own licenses or even applying for a passport.
- Professional Reputation Damage: If a project you’re supposedly overseeing fails or is found to be non-compliant, your name is on the record with bodies like the Engineers Board of Kenya. This black mark can block future job opportunities or license renewals.
- Debt and Legal Suits: The company could take a loan or enter a contract in your name as a “director.” If they default, creditors or the CAK can pursue you personally. There is no safe minimum amount; even a small supplier debt of KES 50,000 can lead to a court summons.
Common Pitfalls When You Discover This
Assuming a Phone Call is Enough
Many people just call the former boss to complain. This leaves no proof. Instead, send a formal email or a signed letter via registered post stating you no longer work there and demanding they cease using your name. Keep a copy.
Ignoring Your KRA and eCitizen Portals
You might think “it’s their problem.” But if your PIN is being used, it’s your liability. Log into your KRA iTax and eCitizen dashboards regularly to check for any filings or business affiliations you didn’t authorize.
Delaying Because “Hakuna Haraka”
Thinking you can sort it out later is a mistake. The longer your name is misused, the deeper the legal and financial entanglement. Act immediately by gathering any evidence, like payslips or your resignation letter, that proves your employment ended.
Confronting Without Evidence
Going to the offices angry and empty-handed gives them room to deny. First, discreetly get proof. Ask a trusted former colleague for a screenshot of a company profile listing you, or get a copy of a tender document from a public portal where your name appears.
Your Step-by-Step Action Plan in Kenya
Once you have evidence, don’t panic. Follow these practical steps to formally disconnect yourself. Pole, but you must be systematic to protect yourself.
- Formal Written Notice: Send a dated letter, via registered post or email with read receipt, to your former employer. Clearly state your last working day (attach proof like a final payslip) and demand they remove your name from all records within 14 days. Keep the post office receipt.
- Alert the Relevant Professional Body: If you have a professional license (e.g., with EBK, ICPAK, NCK), write to them immediately. They can issue a warning to the company and note your disassociation on their register. This is often free but crucial.
- Visit the KRA Tax Office: Go to your nearest KRA station with your ID and evidence. File a complaint that your PIN is being misused. They can help lock certain services on your PIN and investigate the company. There’s no direct fee for this complaint.
- Consider a Caution at CRB: If you suspect loans or credit are involved, place a free caution on your credit report via one of the licensed Credit Reference Bureaus like Metropol. This alerts lenders that your identity may be compromised.
Remember, dealing with government offices like KRA is often faster early in the week and month. Avoid last-minute rushes before public holidays when systems are overloaded.
The Bottom Line
Your name and professional identity are your most valuable assets in Kenya’s job market. When a former boss pretends you still work there, they are not just being dishonest—they are putting your financial future and legal standing at direct risk with institutions like KRA.
Don’t wait and hope the situation will sort itself out. Your first step today should be to log into your KRA iTax and eCitizen dashboards to check for any unauthorized activity linked to your details.
Frequently Asked Questions About My former boss is pretending i still work there in Kenya
Can I report this to the police in Kenya?
Yes, you can file a report at your local police station for fraud or identity theft. This creates an official record, which is useful if the matter escalates to court.
Bring all your evidence, including your written notice to the employer and any proof from KRA. An OB number strengthens your case with other institutions.
How much will it cost me to fix this legally?
Initial steps like sending a demand letter or filing complaints with KRA and professional bodies are usually free. The main costs come if you need a lawyer.
Consultation fees can range from KES 3,000 to KES 10,000. If you must go to court, costs will be significantly higher, so try to resolve it early.
Can I handle everything online or must I go physically?
You can start online by checking your eCitizen and KRA portals for misuse. Sending the initial demand email is also an online step.
However, filing a formal complaint with KRA or your professional board often requires a physical visit to their offices to submit a sworn statement in person.
What if my former boss ignores my formal letter?
If they ignore your 14-day notice, escalate immediately. File the complaint with KRA and your professional body, as they have authority to sanction the company.
Your next step is to consult a lawyer to send a legal demand letter, which typically gives them a final 7-day warning before court action.
Will this affect my chances of getting another job?
It can, if potential employers do background checks and find your name linked to a problematic project or a company with compliance issues.
That’s why acting fast to clear your name with professional bodies is crucial. You can then show your clean record to new employers.
