Losing a job without warning is disorienting, and the first few days matter more than they feel like they do. What you do about documents, deadlines and communications in that window shapes what can later be recovered. Here is where the law stands and where to start.
When is a termination wrongful in Kenya?
The Employment Act 2007 requires an employer to prove a valid and fair reason for termination and to follow a fair procedure, which includes explaining the reason and hearing the employee. A dismissal without notice or pay in lieu, without reasons, or without any opportunity to respond may be challenged. Wrongful and unfair termination overlap, and the facts of each case decide the label. The distinction matters mainly for how a claim is framed, and both are heard by the same court.
What are you entitled to when your job ends?
- Salary earned up to the last day of work
- Notice pay, or payment in lieu where notice is not given
- Accrued leave pay
- Service pay, where the contract provides for it
- A certificate of service, which the employer must issue on termination
- Any benefits the contract provides on termination
What should you do first?
Ask for the reasons in writing and keep copies of everything: the contract, recent payslips, letters and messages about your exit. Do not sign a release or settlement under pressure on the last day; you are entitled to time to consider it. You may also lodge a complaint with a labour officer, though complaints of unfair or summary dismissal carry a shorter window than court claims, which are generally subject to a three-year limit. Evidence is easiest to gather early.
Taking advice early
An early review of your documents usually clarifies the options quickly, whether that is correspondence, negotiation or a claim. We advise employees on termination rights and act in negotiations and proceedings through our dispute resolution practice, alongside the firm’s wider practice areas.
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.