Employment and Labour
Expert Legal Representation.
About the Practice
Employment law in Kenya is unforgiving of employers who get the process wrong, and most of them do. We make sure our clients are not among them. Employers, boards and senior executives rely on us across the Employment Act 2007, the Labour Relations Act, the Occupational Safety and Health Act, the Work Injury Benefits Act and the case law of the Employment and Labour Relations Court which gives those statutes their bite.
For employers we draft and review contracts, executive service agreements, handbooks, policies, restrictive covenants and incentive arrangements, and we advise on discipline, termination, summary dismissal, redundancy and retrenchment, transfers of undertakings, union recognition and collective bargaining. For executives we negotiate the way in and the way out, and we act in claims for unfair termination and discrimination.
Our reach extends to immigration, where we secure work permits, special passes and dependant passes for expatriate staff, and to data protection in the workplace. We act in the public and private sectors, in regulated financial services where fit and proper rules add another layer, and in the large retrenchment litigation which follows the restructuring of state-owned enterprises, where we currently lead one of the largest such petitions before the court.
Select Experience
Lead counsel for approximately 400 former employees of a national telecommunications company in a constitutional petition before the Employment and Labour Relations Court challenging the treatment of a phased retrenchment
Drafted rider and subcontractor engagement terms for a technology enabled delivery platform, distinguishing independent contractors from employees
Advised employers across the public and private sectors on unfair termination, summary dismissal, redundancy and disciplinary procedure
Advised expatriate staff and their employers on work permits and special passes under the Kenya Citizenship and Immigration Act
Advised a company on the human resources arrangements with its outsourced providers and on an employee benefit trust for current and former staff
Advised on workplace privacy, employee data and the obligations of employers as data controllers under the Data Protection Act 2019
Frequently Asked Questions
How much notice must an employer give in Kenya?
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The Employment Act 2007 requires at least 28 days' notice, or pay in lieu, for an employee paid monthly, and the contract often provides for more. Notice alone is not enough. A termination must also rest on a valid reason and a fair procedure, which includes hearing the employee before the decision is made.
What is the difference between termination and summary dismissal?
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Summary dismissal is termination without notice for gross misconduct, the grounds for which are set out in section 44 of the Employment Act, and it still requires the employee to be heard. Ordinary termination requires notice and a valid reason connected to the employee's conduct, capacity or the employer's operational needs. Getting the label wrong is one of the commonest reasons employers lose.
What are the rules on redundancy?
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An employer declaring redundancy must give at least one month's notice to the employee and to the labour officer, select fairly, pay severance of at least 15 days' pay for each completed year of service together with notice pay and accrued leave, and consult where a union is recognised. Retrenchments which skip these steps are routinely reversed by the Employment and Labour Relations Court.
What can an employee claim for unfair termination?
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The Employment and Labour Relations Court awards up to twelve months' gross salary in compensation, together with notice pay, unpaid dues and, in rare cases, reinstatement. A claim must be filed within three years of the termination. For employers the exposure is real, and for executives the claim is worth pursuing.
How do I get a work permit for an expatriate employee?
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The employer applies to the Directorate of Immigration Services for a Class D permit, showing the role, the employee's qualifications and why the position is not filled by a Kenyan, and a special pass allows the employee to start while the permit is processed. We handle the application, the understudy requirements and the renewals.
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