Employment & Labour

Employment and labour law in Kenya is a dynamic and highly regulated field, shaped by the Employment Act, 2007, the Labour Relations Act, 2007, the Occupational Safety and Health Act, and a growing body of jurisprudence from the Employment and Labour Relations Court (ELRC). The relationship between employer and employee is one of the most legally consequential in any business, and getting it wrong — whether in hiring, managing, or dismissing staff — can result in significant financial liability and reputational harm.

Advocates offering this service act for both employers and employees, giving them a balanced perspective on the rights and obligations of each side. For employers, they provide end-to-end support across the employment lifecycle. Advocates draft employment contracts that comply with the requirement under section 10 of the Employment Act for written terms, and they tailor those contracts to the specific role — fixed-term, open-ended, probationary, casual, or piece-rate. Advocates prepare workplace policies and employee handbooks covering codes of conduct, grievance procedures, disciplinary procedures, leave policies, and remote working arrangements.

Advocates assist employers with the management of poor performance and misconduct, guiding them through the statutory disciplinary process required by section 41 of the Employment Act — which mandates a fair hearing, the right to a companion, and a written reason for termination. Advocates help structure redundancies in compliance with section 40, including the mandatory consultation and notification requirements, and they advise on the calculation of statutory redundancy pay. When disputes arise, they represent employers before the ELRC and in mediation proceedings under the Labour Institutions Act.

For employees, they provide representation in unfair dismissal and wrongful termination claims, non-payment of terminal dues, discrimination and harassment complaints, and disputes over contractual benefits. Advocates take account of the power imbalance that often exists between employee and employer, and the aim is ensuring that employees receive the full protection afforded to them by Kenyan labour law. Advocates also advise senior executives on the negotiation of employment contracts, separation packages, and post-termination restrictive covenants.

Beyond individual employment relationships, they advise on collective labour relations: recognition agreements with trade unions, collective bargaining agreements (CBAs), union dues deductions, and the management of strikes and lockouts. Advocates represent clients in proceedings before the ELRC and the Central Organisation of Trade Unions (COTU) structures, and they assist with the registration and deregistration of trade unions.

Advocates also cover the growing area of workplace health and safety, advising employers on compliance with the Occupational Safety and Health Act, 2007, the conduct of workplace risk assessments, and the management of workplace injury claims under the Work Injury Benefits Act (WIBA). With the rise of data protection law, they also advise on the lawful processing of employee personal data under the Data Protection Act, 2019, including the use of biometric systems, CCTV monitoring, and employee monitoring tools.