At Kathurima N Advocates, our employment and labour law practice supports both employers building compliant, well run workplaces and employees asserting their rights when those workplaces fall short. This dual perspective gives us a genuinely balanced understanding of how employment disputes actually unfold in Kenya, and it means whichever side of the employment relationship you're on, you get representation grounded in real practical experience with how the Employment and Labour Relations Court actually decides these cases.
Employment relationships in Kenya are governed primarily by the Employment Act, 2007, which sets the minimum standards every employer must meet, written contracts, fair pay, leave entitlements, and the procedures required for a lawful termination. Alongside it, the Labour Relations Act governs the collective side of employment law, trade unions, collective bargaining, and recognition disputes, while the Labour Institutions Act and the Employment and Labour Relations Court Act establish the institutions and specialized court, the ELRC, that administers and enforces these rights. Article 41 of the Constitution of Kenya, 2010 underpins all of it, guaranteeing every person the right to fair labour practices, including reasonable working conditions and fair remuneration.
The single most important principle to understand: these are minimum statutory rights. An employer and employee can agree to more generous terms, but cannot contract around the Act's minimum protections, regardless of what an individual employment contract says.
Employment Contracts. We draft and review employment contracts that clearly set out job duties, pay, leave, notice periods, and termination grounds, meeting the Employment Act's requirements and reducing ambiguity that leads to disputes later.
Termination and Disciplinary Procedures. We advise on lawful termination processes, notice periods, valid grounds, and fair hearing requirements, since the majority of unfair termination findings in Kenya turn not on whether an employer had a legitimate reason, but on whether they followed a properly documented, fair process to get there.
Redundancy. We guide employers through redundancy processes correctly, fair selection criteria, proper notice, and accurate severance calculations, minimizing the risk of a redundancy being challenged as a disguised unfair termination.
Workplace Policies and HR Frameworks. We help build HR policies, disciplinary codes, and workplace conduct frameworks that hold up under scrutiny, giving employers a documented, defensible position before a dispute ever arises rather than after.
Trade Union Recognition and Collective Bargaining. For employers managing a unionized workforce, we advise on recognition agreements, collective bargaining negotiations, and registration of collective agreements with the ELRC.
Defending Claims Before the ELRC. Where a former employee brings a claim, we represent employers through conciliation and, where necessary, full litigation before the Employment and Labour Relations Court.
Unfair and Wrongful Termination Claims. If you have been dismissed without a valid reason, without a fair hearing, or with less notice than you were entitled to, we assess your case and represent you in pursuing reinstatement, reengagement, or compensation before the ELRC.
Constructive Dismissal. Where an employer has made your working conditions so intolerable that resignation was effectively forced, we help you understand whether this qualifies as constructive dismissal and what remedies are available.
Redundancy Disputes. We review whether a redundancy was genuine or a disguised termination, and whether you received the notice, fair selection process, and severance pay the law requires.
Contract and Wage Disputes. We help recover unpaid salary, benefits, and other dues owed under your employment contract or the Employment Act's minimum standards.
Discrimination and Harassment Claims. We represent employees facing workplace discrimination or harassment, pursuing remedies through the ELRC and, where the conduct rises to a constitutional violation, through the appropriate court.
Severance and Settlement Negotiations. Where a negotiated exit is the better path, we negotiate settlement terms and severance packages that genuinely reflect what you are entitled to, rather than what an employer's first offer suggests.
Unfair termination occurs where an employer fails to prove both that the reason for dismissal was valid and that a fair procedure was followed. This dual requirement matters enormously in practice: an employer with a genuinely valid reason for termination can still be found to have acted unfairly if they skipped the disciplinary hearing, failed to give the employee a chance to respond, or did not provide written reasons for a performance or conduct based dismissal. Summary dismissal, termination without notice, is lawful only where the employee's conduct amounts to gross misconduct as defined under the Act, and the burden of proving this rests with the employer in every case.
Where termination is found unfair, the Employment and Labour Relations Court can order reinstatement, reengagement, or compensation, with the specific remedy depending on the circumstances of the case, including whether continuing the employment relationship remains realistic.
We start by assessing the actual facts and documentation of your situation, contracts, disciplinary records, correspondence, before recommending a path forward, since outcomes in employment disputes turn heavily on what can actually be evidenced. For employers, that means building compliant, well documented processes before disputes arise. For employees, that means gathering the evidence, termination letters, warning letters, payslips, communications, that makes a claim genuinely strong. Wherever a dispute can be resolved through conciliation or negotiation efficiently and fairly, we pursue that path, and wherever litigation before the ELRC is the right route, we represent your interests fully through the process.
What makes a termination unfair in Kenya? A termination is unfair if the employer cannot prove both a valid reason for the dismissal and that a fair procedure, including a disciplinary hearing and written reasons, was followed.
How much notice am I entitled to before termination? Statutory notice generally ranges from one week to one month depending on your contract and length of service, unless your specific contract provides for more generous notice.
Can my employer dismiss me without any notice? Only through summary dismissal, which is lawful solely where your conduct amounts to gross misconduct as defined under the Employment Act. The burden is on the employer to prove this.
What can I claim if I win an unfair termination case? Remedies can include reinstatement to your position, reengagement, or financial compensation, depending on what the Employment and Labour Relations Court finds appropriate given your specific circumstances.
Does redundancy entitle me to compensation? Yes, genuine redundancy generally entitles you to severance pay, calculated at fifteen days of pay for each completed year of service, in addition to notice and any other outstanding dues.
As an employer, how do I reduce the risk of an unfair termination claim? Document everything, provide written contracts, follow a fair disciplinary process for every termination, and give employees a genuine opportunity to respond before any final decision, since the majority of unfair termination findings turn on process failures rather than the underlying reason for dismissal.
Whether you are an employer building a compliant workplace or an employee whose rights have been overlooked, our employment and labour law team brings practical, balanced experience to every matter we take on.
