Unfair dismissal in Kenya: first steps and records

Keep the documents from the first day

Save the termination letter, contract, payslips, performance records, messages and any invitation to a disciplinary meeting. Write down the date you received each item and the events that led to the termination.

Do not change a record or create a backdated document. A clear chronology is more useful than a long argument based on memory.

Ask for the reason in writing

Section 43 of the Employment Act requires an employer to prove the reason or reasons for termination in a claim arising out of termination. Section 41 sets a hearing requirement before termination on grounds of misconduct, poor performance or physical incapacity.

If you do not understand the reason given, ask calmly for it in writing. Keep the request and any response. This guide cannot decide whether a particular dismissal was fair.

Consider the labour-office route promptly

Section 47 says an employee who says they have been unfairly terminated or summarily dismissed may present a complaint to a labour officer within three months of dismissal. The State Department for Labour describes a labour-officer process for individual disputes.

The Employment Act also contains limitation rules for civil actions. Get individual advice quickly if you may bring a claim, because the appropriate route and timing depend on the facts.

Check final pay separately

Termination does not erase wages already earned. Compare the last pay, leave records and any stated final dues against your contract and payslips.

Do not pay someone who promises to reverse a dismissal or secure compensation. Use official offices and keep evidence of every step.

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