Kenya Rights Guide
Unfair Dismissal in Kenya: Your Rights and What to Do
Dismissed without cause or a fair process in Kenya? The Employment Act 2007 protects every worker. You can file a claim with a Labour Officer or the Employment and Labour Relations Court — free.
Free
Kenya Law
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Direct Answer
If you have been dismissed without a valid reason or without a fair process, the Employment Act 2007 gives you the right to challenge it. File a complaint with the nearest Labour Officer within 3 months of dismissal — it is free. You can also file directly in the Employment and Labour Relations Court (ELRC).
What the Law Says
Your Legal Foundation
Employment Act 2007
Section 45
“An employer shall not terminate a contract of service unfairly.”
Employment Act 2007
Section 47
“In any claim arising from unfair termination, the burden of proving that the termination was justified lies on the employer.”
Constitution of Kenya 2010
Article 41
“Every person has the right to fair labour practices.”
What to Say
Exact Words to Use
“"I am requesting written reasons for my termination as required under Section 45 of the Employment Act 2007. Please provide these within five working days."”
Tone: Formal, written — send by email or letter
“"I do not accept this dismissal as fair or lawful. I will be filing a complaint with the Labour Officer within the statutory period."”
Tone: Clear, factual, non-aggressive
Common Questions
Frequently Asked Questions
What is a fair reason for dismissal in Kenya?
Under the Employment Act, valid reasons include misconduct, poor performance, ill health, or redundancy — but the employer must also follow a fair process. A dismissal without a hearing or notice is unfair even if the underlying reason is valid.
I was dismissed during probation — do I have rights?
Yes, but limited ones. Employers have more flexibility during probation, but they must still give notice and may not dismiss for discriminatory reasons. If the dismissal was based on pregnancy, union activity, or discrimination, it is automatically unfair regardless of probation.
What if my employer says I resigned?
Constructive dismissal — where you were forced to resign due to an employer's conduct — is treated as dismissal under Kenyan law. If your working conditions were made so intolerable that you had no reasonable choice but to leave, you may still file a claim.
Do I need a lawyer to file a complaint?
No. Labour Officers handle informal complaints and can represent the process. Trade unions can also assist. The ELRC allows self-representation. Legal Aid is available for qualifying individuals at legal aid centres.
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