What to Do If You Are Fired Unfairly in Kenya: Employee Rights Guide
By Our Law Team on March 15, 2025
Is Your Dismissal Unfair?
Under the Employment Act, 2007, a termination is unfair if the employer had no valid reason or did not follow fair procedure - and both limbs matter. You can be dismissed for a genuine reason and still have a strong claim if the process was defective; equally, a procedurally perfect dismissal is still unfair if the employer cannot justify the reason.
No notice, and no pay in lieu of notice.
No disciplinary hearing, or a hearing where the decision had clearly already been taken.
Dismissal because of pregnancy, union membership or activity, whistle-blowing, or a refusal to do something unlawful.
Dismissal because of a protected characteristic such as sex, race, religion, disability or HIV status.
Termination over an allegation you were never told about, or never allowed to answer.
Employers sometimes rely on summary dismissal. Summary dismissal is only lawful for the serious misconduct the Act specifies, and even then the employer must show that it investigated and gave the employee a hearing. If the employer cannot prove the reason, the burden falls on the employer - not on you.
The Law That Protects You
Employment Act, 2007: a valid reason and a fair procedure are required, and the employer must prove the reason for the termination.
Constitution of Kenya, 2010: Article 41 guarantees fair labour practices, and the Bill of Rights covers discrimination.
Employment and Labour Relations Court: the specialist court for employment and labour disputes.
Labour officers: conciliation over wages and terminal dues, which is often faster and cheaper than litigation.
Steps to Take After an Unfair Dismissal
1. Get the termination in writing: ask for your letter of termination and the reasons stated for it.
2. Preserve your evidence: the contract, payslips, leave records, the staff handbook, warnings, emails and messages, and the names of witnesses. Do this before your accounts and access are cut off.
3. Do not sign away your claim: a release or "full and final settlement" is binding once signed. Get advice before you sign anything - and do not accept a token payment to close a serious claim.
4. Calculate what you are owed: salary to the last day, notice or pay in lieu, accrued and untaken leave, unpaid commissions or overtime, and severance if the termination was in fact a redundancy.
5. Consult an employment lawyer: an employment lawyer in Kenya can assess whether you have a claim, value it and write to the employer.
6. Try internal and labour office channels: a grievance to HR or a complaint to the labour officer often resolves wage and terminal-dues claims quickly, and settlement can be reached at any stage.
7. File your claim: a memorandum of claim is filed at the Employment and Labour Relations Court, usually within three years of the dispute.
8. Keep your certificate of service: an employer must issue a certificate of service on termination, and refusing to do so is itself a breach.
What Compensation Can You Recover?
For unfair termination, the court can award up to 12 months' gross salary as compensation, plus notice pay, unpaid leave and any other proven dues. You also have the right to ask for reinstatement or re-engagement. Compensation is discretionary rather than automatic, and the court considers:
Your length of service and age.
The circumstances of the termination, including whether you were given a hearing.
What you did to find other work, and what you earned in the meantime.
Whether the employer acted consistently with its own policies and with how it has treated other employees.
Whether you contributed to the situation that led to dismissal.
Where to File - and the Deadline
Claims are filed at the Employment and Labour Relations Court and must generally be filed within 3 years of the date the dispute arises. Employees can represent themselves, but the pleadings, documents and witness statements are what decide a case - and employers normally arrive with lawyers. Filing early also keeps interim relief available, and the limitation clock does not pause while you negotiate.
If You Were Made Redundant
A redundancy is a dismissal for an economic reason, and the employer must follow the statutory process: notice, consultation, objective selection criteria and payment of terminal dues - severance at 15 days' pay for each completed year of service, notice pay and accrued leave. Where the consultation was skipped, or the selection was discriminatory, the redundancy is treated as an unfair termination and compensation can be claimed on top of the terminal dues. For the employer-side obligations, see our guide on recent changes in employment law.
Common Questions
I was fired without any letter - do I have a claim? Potentially yes. The absence of a written reason makes the employer's position harder, not yours.
I was on probation - can I be dismissed? Probation does not remove the duty to give the notice the contract requires, and a probationary termination still needs a reason - although the remedies can differ.
My fixed-term contract was not renewed - is that unfair? Non-renewal is not automatically unfair, but it can be if it was a disguised dismissal or followed protected complaints.
I resigned because the situation was intolerable - can I claim? Constructive dismissal arguments can succeed where the employer's conduct forced the resignation, but they depend heavily on documentary evidence.
Can I be dismissed without pay? A lawful summary dismissal may forfeit notice, but wages already earned, accrued leave and other statutory dues remain payable.
Will my employer know? Yes - the employer is served with the claim - but conciliation and settlement discussions usually happen before any hearing, and many cases resolve there.
