The Employment and Labour Relations Court (ELRC) exists for exactly these disputes, and its process is structured rather than mysterious. Knowing the stages, the time limits and the remedies available helps you decide early whether to pursue a claim and how to prepare for it.
When is a dismissal unfair under Kenyan law?
A termination is unfair if the employer cannot prove both a valid and fair reason and a fair procedure. The Employment Act 2007 requires the employer to explain the reason and hear the employee before dismissal in most cases. The employer bears the burden of justifying its grounds, while the employee must show that the dismissal took place. If either limb is missing, the court may find the dismissal unfair even where the working relationship had clearly broken down.
How does an ELRC case proceed?
- A demand letter to the former employer, setting out the claim
- Filing of the claim at the ELRC registry; proceedings must generally begin within three years
- The employer’s response, followed by exchange of documents and witness statements
- Court-annexed mediation or pre-trial directions, where settlement is often explored
- A full hearing, with evidence and cross-examination
- Judgment, and enforcement if the employer does not pay
What remedies can the ELRC order?
Reinstatement, re-employment, or compensation of up to twelve months’ gross salary, together with payment of accrued dues such as leave and notice pay. Reinstatement is more common where the working relationship remains viable; compensation is the usual outcome. The strength of the remedy depends heavily on the evidence, which is why contemporaneous documents matter. Interest may be awarded on unpaid sums in suitable cases.
Settlement along the way
Many cases resolve through negotiation or mediation before hearing, often faster and at less cost than a full trial. Our dispute resolution team acts for employees in ELRC proceedings and in structured settlements; more about the firm appears on our about page.
This article was written by Bruno Walela Situma, who advises on dispute resolution, insurance and litigation matters at CS Advocates LLP.
For guidance on your specific situation, contact CS Advocates LLP , call, WhatsApp, or book a confidential consultation at our Westlands, Nairobi office.