In June 2018, the Homabay County Public Service Board (HCPSB) advertised the position of Clerical Officer III in the national newspapers. Yvonne, a 20-year-old lady, applied for the position. She was shortlisted and interviewed in August 2018. She was then offered the job in October 2018. The offer was open until end of November 2018. Her starting salary was Kshs 30,000 with an annual increment every July. She was also entitled to annual leave.

On 5^thNovember 2018, Yvonne accepted the job offer by appending her signature on the appointment letter. She returned the duplicate appointment letter to the HCPSB. She was advised to await her posting letter. In December 2018, she received her posting to Ober Health Centre. She was required to report to her work station on 3^rdJanuary 2019. She duly reported and her supervisor immediately submitted an arrival letter to the HCPSB, confirming that Yvonne had reported to work.

From 3^rdJanuary 2019 to May 2024, Yvonne reported to work without any incident of absenteeism. She diligently executed all the assignments that were assigned to her at Ober Health Centre. However, she did not receive any salary from the HCPSB throughout those five years. This was despite her many oral and written follow ups including by her supervisor at the Health Centre.

Yvonne lived with her fairly well-off parents near Ober Health Centre. They catered for all her living expenses. She often walked to work and returned home for lunch every day. She therefore did not feel the economic pinch of not receiving any salary for five years. However, Yvonne is now fed up with her employer. She is considering terminating her employment but she is not sure of her legal position in case she decides to resign. She is also not clear on the potential remedies the court may award her in case she sues her employer.

Advise Yvonne on her concerns citing the relevant statutory in kenya and case law in kenya.(30 marks)