Practice Area 02
Employment & Labour Law
Clear Advice for Employers and Employees
Employment relationships in Kenya are governed by a framework of statute, contract and workplace practice. Difficulties usually arise where that framework has not been followed carefully, or where it has not been documented at all.
We act for both employers and employees. Our objective is to help clients understand their position clearly, act procedurally correctly, and resolve disagreements without unnecessary escalation where that is possible.
Our Services in Employment & Labour
Employment Contracts
Drafting and reviewing contracts of service, fixed-term arrangements, consultancy agreements and executive terms.
Workplace Policies
Preparation and review of handbooks, codes of conduct, disciplinary and grievance procedures.
Disciplinary Proceedings
Guidance on conducting a fair process, and representation for employees facing disciplinary action.
Termination
Advice on grounds, procedure, notice, dues and documentation on the ending of employment.
Unfair & Wrongful Dismissal
Assessment of claims and defences where a termination is disputed.
Employment Disputes
Representation in disputes concerning terms, pay, discrimination, conduct or termination.
Labour Relations
Advice on collective issues, staff restructuring and workplace consultation.
Negotiation & Mediation
Settlement discussions and mediated resolution as an alternative to contested proceedings.
Employment Litigation
Representation before the courts and tribunals with jurisdiction over employment matters.
Workplace Compliance
Reviews of employment documentation and practice against applicable legal requirements.
When You May Need This Service
- You are hiring and need contracts and policies that hold up
- You are considering termination or redundancy
- You have been dismissed and believe the process was unfair
- A disciplinary process has been commenced against you
- There is a dispute about pay, terms or final dues
- You want your employment documentation reviewed before a problem arises
How We Help
We advise on process before a decision is made, not only after it is challenged.
We put the employment relationship into clear written terms.
We assess claims and defences honestly, including their weaknesses.
We pursue settlement where it serves the client, and litigate where it does not.
How an employment matter typically proceeds
Step 01
Assess
We review the contract, documentation and sequence of events.
Step 02
Advise
We set out the legal position and realistic options.
Step 03
Engage
We correspond, negotiate or represent you in the process.
Step 04
Resolve
We settle, mediate or litigate depending on what the matter requires.
Frequently Asked Questions
- What are an employee's rights after termination in Kenya?
- Entitlements depend on the contract, the reason for termination and the procedure followed. They may include notice or pay in lieu, accrued leave and outstanding dues. Advice specific to your circumstances should be obtained.
- Do you act for employers or employees?
- We act for both, subject to conflict checks in any individual matter.
- Can an employment dispute be settled without going to court?
- Frequently, yes. Negotiation and mediation resolve many employment disputes, and we explore those routes where they are appropriate.
Legal Insights
Related reading
- Employment Law
Employment Termination in Kenya: Legal Considerations for Employers and Employees
Termination disputes usually turn on procedure as much as substance. Both employers and employees should understand what a fair process looks like.
Read article - Employment Law
Employment Contracts in Kenya: What Employers and Employees Should Know
A clear contract of service protects both sides. These are the terms that most often cause difficulty when they are missing or vague.
Read article
Speak to an advocate
Need Legal Advice?
Discuss an Employment Matter
P M Kisonzo & Company Advocates
- Panari Hotel Building
1st Floor, Suite 5B
Mombasa Road
Nairobi, Kenya - 07191937670702515404
- pmkisonzocoadvocates@gmail.commaoketchcoadvocates@gmail.com
