Losing a job suddenly is frightening. Kenyan law does not stop employers from ending a contract, but it does set rules on how they do it, and what they must pay you when they do.
Notice. Under section 35 of the Employment Act, 2007, a contract where you are paid monthly can be ended by either side with at least 28 days' written notice, unless your contract gives a longer period. Instead of notice, the employer can pay you the wages you would have earned during the notice period ("pay in lieu of notice").
A fair reason and a fair process. Section 41 says that before dismissing you for misconduct, poor performance or physical incapacity, the employer must explain the reason to you in a language you understand, and let you respond, with a fellow employee or union representative present if you wish. Section 43 puts the burden on the employer to prove the reason for termination. A dismissal that skips these steps can be found unfair under section 45.
Summary dismissal (without notice) is only allowed for gross misconduct, listed in section 44: for example being drunk on duty, wilful neglect of work, or committing a criminal offence against the employer. Even then, you should be given a chance to be heard.
What you are owed when you leave
Whatever the reason, you should get:
- wages for every day you worked;
- pay for leave you earned but did not take (at least 21 working days a year under section 28);
- pay in lieu of notice, unless you were lawfully summarily dismissed;
- a certificate of service (section 51), which the employer must give you;
- severance pay of at least 15 days' pay per completed year of service, if you were declared redundant.
What to do now
- Ask for the termination reason in writing, and keep every letter, payslip and message.
- Write to your employer asking for your final dues and certificate of service.
- If they refuse, file a complaint with the Labour Office in your county. Section 47 allows a complaint about summary dismissal to be made within three months. Labour officers can call your employer to a meeting.
- If that fails, you can file a claim at the Employment and Labour Relations Court. Most employment claims must be filed within three years.
If a court finds a dismissal unfair, it can order compensation of up to 12 months' gross salary (section 49).
Read our step-by-step Labour Office guide, or describe your situation to Ask Haki.