Employment & Labour Law
Protecting your workplace rights. We represent employers and employees in all employment matters across Kenya.
Workplace Issues Are Personal
Employment disputes affect your livelihood, reputation, and wellbeing. Whether you're an employee facing unfair treatment or an employer navigating complex labour laws, you need experienced legal guidance.
Unfair Termination
Being dismissed without proper cause or procedure leaves you feeling powerless and uncertain about your rights and remedies.
Complex Labour Regulations
Kenya's employment laws, NSSF, NHIF, and PAYE requirements create a compliance maze that is difficult to navigate alone.
Workplace Harassment
Dealing with discrimination or harassment at work is deeply distressing, and many don't know how to seek justice effectively.
Severance Negotiations
Accepting redundancy terms without legal advice often means leaving money and benefits on the table.
Employer Liability Risks
Non-compliant employment practices expose businesses to costly claims, penalties, and reputational damage.
Employment Law Experts
- Employee rights protection
- Employer compliance advisory
- Contract drafting & review
- ELRC court representation
- Severance negotiation
Termination & Dismissal
Wrongful Termination & Dismissal
Losing your job unfairly is devastating. Our employment lawyers have extensive experience representing employees who have been wrongfully terminated, helping them secure reinstatement or fair compensation under the Employment Act 2007.
Contracts & HR Advisory
Well-drafted employment contracts and sound HR policies are your first line of defense against workplace disputes. We help employers build compliant frameworks that protect their business while treating employees fairly.
Contracts & Compliance
Workplace Rights
Discrimination & Harassment
Every employee deserves a safe and respectful workplace. We take discrimination and harassment cases seriously, helping victims seek justice while advising employers on prevention and compliance with Kenya's employment laws.
Redundancy & Labour Compliance
Whether you're an employer managing a restructuring or an employee facing redundancy, proper legal guidance ensures the process is fair and lawful. We also help businesses stay compliant with Kenya's statutory requirements.
Compliance & Unions
"After being unfairly terminated, I felt lost and didn't know my rights. Mwangi Kiai LLP took my case, explained my options clearly, and secured a substantial compensation package. Their knowledge of employment law and the ELRC process was impressive."
How We Handle Your Employment Matter
A strategic, empathetic approach to workplace legal issues.
Case Review
We review your employment documents, contracts, and circumstances to assess your position and options.
Strategy & Advice
We develop a clear strategy, whether negotiation, mediation, or ELRC proceedings.
Negotiation or Litigation
We negotiate with your employer or represent you at the Employment & Labour Relations Court.
Resolution
We secure a fair outcome, whether through settlement, compensation award, or court judgment.
Employment Law FAQs
Answers to frequently asked questions about employment and labour law in Kenya.
View All FAQsUnder the Employment Act 2007, wrongful termination occurs when an employer dismisses an employee without a valid reason (such as misconduct, poor performance, or redundancy) or without following proper procedure. This includes failure to give notice, not conducting a fair hearing, or termination based on discrimination. If wrongfully terminated, you may be entitled to compensation of up to 12 months' salary.
Employment claims in Kenya must generally be filed within 3 years from the date the cause of action arose under the Limitation of Actions Act. However, for unfair termination claims specifically, it is advisable to act promptly. The Employment and Labour Relations Court handles these matters, and early filing strengthens your case.
The Employment Act requires employers to give at least one month's notice of redundancy, consult with employees or their union, consider seniority (last in, first out), and pay severance of not less than 15 days' pay for each completed year of service. Employers must also pay any outstanding leave days, notice pay, and other contractual benefits.
Non-compete clauses (restraint of trade) are enforceable in Kenya but courts scrutinize them strictly. They must be reasonable in duration (typically 6-12 months), geographic scope, and the activities restricted. The clause must protect a legitimate business interest such as trade secrets or client relationships. Overly broad restrictions are likely to be struck down by the court.
Document every incident with dates, times, witnesses, and details. Report the harassment through your company's internal grievance procedure in writing. If the employer fails to act, you can file a complaint with the Employment and Labour Relations Court. Kenya's Employment Act prohibits sexual harassment and provides for compensation.
Need Employment Law Advice?
Whether you're facing a workplace dispute or need to ensure your business is compliant, our employment law team is ready to help. We represent both employers and employees.