Every day across Kenya, employees face dismissals that feel unjust—but not everyone knows what the law allows, or what steps to take to protect themselves. Whether you’re in Nairobi, Mombasa, or a smaller town, your rights under the Employment Act are real. And having a knowledgeable lawyer can make the difference between being left behind and getting your day in court.
What Kenyan Law Says About Fair vs Unfair Dismissal
The Employment Act, 2007 sets out clear standards. Under Section 45, a termination is unfair if the employer cannot prove that:
- The reason for termination was valid. This means the reason must relate to the employee’s conduct, capacity, compatibility, or operational requirements of the employer.
- The reason was fair and the dismissal followed a fair procedure. For example, the employee must have had a chance to respond to allegations.
- The employer used fair procedure — meaning the employee was given notice (or payment in lieu of notice), a hearing or chance to respond to allegations, an opportunity to correct behavior if misconduct, and any required disciplinary warnings.
Cases like Kenja v Raiply Woods (2018) reaffirm that dismissal for reasons such as persistent absenteeism, misconduct, or incapacity must follow procedural fairness—not just the excuse of misbehavior. Kenya Law
Also, termination for unfair reasons such as pregnancy, trade-union membership, religion, disability, or other protected status is prohibited. If the employer dismisses someone on these grounds—or without giving them a fair chance to reply—the dismissal can be challenged. The Standard+1
Common Situations of Unfair or Wrongful Termination
- No notice given, or notice period shorter than required
- Summary dismissal (instant, without process) even for serious allegations
- Dismissal without being told what you allegedly did wrong or without a hearing
- Dismissal for discriminatory reasons (gender, religion, pregnancy, union activity)
- Constructive dismissal: changing the terms of work so much the employee is forced to quit
What Remedies Are Available
If you believe you’ve been unfairly dismissed, Kenyan law gives you several possible remedies:
- Reinstatement: being put back into your job as though the unfair dismissal never happened.
- Compensation or damages: equivalent to the salary and benefits you lost due to the dismissal.
- Notice payment if notice was not given.
- Severance or terminal benefits, depending on what your contract or law says.
In Kenja v Raiply Woods, the Court of Appeal reaffirmed the employer’s burden: to show that dismissal was fair, procedurally and substantively. Failure to meet that burden often leads to compensation or reinstatement. Kenya Lawts to map M&A roadmaps, prepare necessary documentation, negotiate terms, and manage risk.
Step-by-Step: What to Do If You Think You’ve Been Wrongfully Dismissed
| Step | What You Should Do |
|---|---|
| 1. Review your contract and correspondence | Look for warnings, notices, or record of any meetings regarding misconduct. |
| 2. Request a written explanation | Ask the employer for the reason for termination in writing. |
| 3. Gather evidence | Pay slips, emails, witness statements, any disciplinary records. |
| 4. Seek legal advice early | A skilled employment lawyer can help you assess whether your dismissal was unfair. |
| 5. File a complaint with the relevant body | In Kenya, the Employment and Labour Relations Court or, before that, the Labour Officer could mediate or conciliate. |
| 6. Pursue formal litigation if needed | If mediation fails, file your suit and prepare evidence. |
Conclusion & Call to Action
If you believe you’ve been unfairly dismissed, or you’re facing a labour dispute in Kenya, don’t delay. Time matters, especially for evidence and notices. Let Alex Kamau Advocates assess your case. We’re dedicated to securing the best possible outcome: your dignity, your income, and your rights. Reach out today to schedule a consultation.