
Unfair Termination and Dismissal Claims in Kenya
Employment and Labour
Kenyan law does not let an employer end employment simply because it wishes to. The Employment Act requires a fair reason connected to the employee’s conduct, capacity or the employer’s operational requirements, and a fair procedure before the decision is made, and a termination that fails either test is unfair however the letter is worded. We act on both sides of that line, for employees whose careers were ended wrongly, and for employers who want a termination or a redundancy done so that it holds.
For employees
We assess the merits candidly before you litigate, because a lawyer who tells you only what you hope to hear is spending your money on optimism. Where the claim is good, we pursue it before the Employment and Labour Relations Court for the remedies the Act provides, compensation of up to twelve months’ gross salary, terminal dues, and in appropriate cases reinstatement, and we press for settlement where settlement serves you better than judgment. Time matters more than most employees realise, because an employment claim must be brought within three years of the termination and the evidence that wins these cases is freshest at the start.
For employers
The cheapest employment dispute is the one that never becomes a claim. We guide disciplinary processes, the notice, the hearing and the record the law requires before a decision, structure redundancies through the consultation and selection the Act demands, and defend claims before the Court where they come. An employer who calls us before the termination letter is signed is in a different position from one who calls after service of the claim, and we say so to every client.
Talk to us
To instruct us or ask a preliminary question, write to info@pmlaw.co.ke, call or WhatsApp +254 714 644 080, or use the contact page. We respond within one business day.
Frequently Asked Questions
What makes a termination unfair in Kenya?
+
The absence of a fair reason, the absence of a fair procedure, or both. Even a well-founded reason fails if the employee was not heard before the decision, and even a perfect procedure fails if the reason does not stand up.
What can I recover if I was unfairly terminated?
+
The Court can award compensation of up to twelve months’ gross salary, together with unpaid dues, and can order reinstatement in limited circumstances. The award depends on the facts, and we assess yours before you commit to litigation.
How long do I have to sue?
+
Three years from the termination. Waiting costs evidence and options, so take advice early even if you have not decided to sue.
Need Legal Assistance?
Contact our Employment and Labour team today for expert guidance and representation on Unfair Termination and Dismissal Claims in Kenya.
Contact Us