Unfair Termination in Kenya: What Employers and Employees Need to Know

Losing a job is stressful, and ending one is rarely simple for an employer either. Kenyan employment law sets clear expectations for how a termination must be handled, and mistakes on procedure are one of the most common reasons dismissals are challenged.

Two things a fair termination needs

Under the Employment Act, an employer must show a valid and fair reason for dismissal, and must follow a fair procedure. Having a good reason isn't enough if the process was skipped, and a neat process won't rescue a dismissal that had no real reason.

What fair procedure looks like

Before dismissing an employee for misconduct or poor performance, the employer should explain the allegations in a language the employee understands and give them a chance to respond. The employee is entitled to have another employee or a union representative present at the hearing. The employer must also consider what the employee says before deciding.

Notice and final dues

Unless the contract says otherwise or the dismissal is summary and justified, the employee is entitled to notice or pay in lieu. On exit, the employer should pay any outstanding salary, accrued leave and other agreed dues. Employees are also entitled to a certificate of service on request.

If you think your termination was unfair

Start by writing down what happened and gathering your contract, payslips, warning letters and any messages. Raise the issue with your employer in writing. Disputes are heard by the Employment and Labour Relations Court, and time limits apply, so seek advice early instead of waiting.

Tips for employers

Keep clear written policies, document performance concerns as they arise, and follow the same process for everyone. A short consultation with an advocate before a dismissal is far cheaper than defending a claim afterwards.

This article is for general information and isn't legal advice. Speak to an advocate about your specific situation.