Considers whether an employer's failure to give the statutory one-month notice period rendered a termination procedurally unfair, even where substantive grounds for termination existed.
Employment Act, s.35 — Kenya Law
Plain-language explanation (reviewed)
Either you or your employer can end an employment contract by giving notice — generally one month's notice if you're paid monthly, or shorter periods for weekly or daily-paid work. This is the default rule for ending employment lawfully. It does not apply where an employer is dismissing someone for serious misconduct without notice — that situation is covered separately under Section 44.
Official text
(1)A contract of service may be terminated by either party giving to the other notice of the intention to do so, such notice being given not less than one month before the date of termination, where the contract is to pay wages or a salary monthly.
(2)Notice of not less than the period for which wages or salary are payable shall be given where wages or a salary are paid at intervals of less than one month, subject to a minimum of fourteen days' notice for daily or weekly paid contracts.
(3)Nothing in this section shall be construed as affecting the right of an employer to dismiss an employee summarily under section 44 for circumstances amounting to gross misconduct.
(4)Either party may waive the right to notice under this section, or accept payment in lieu of notice, in accordance with the terms of the contract of service.
Section 44 sets out the limited circumstances of gross misconduct that permit dismissal without notice.
Read Section 44 →
Read Section 44 →
Amendment history
[Illustrative example — enactment date]
Section enacted in current form
No amendments have been made to Section 35 since the Employment Act came into force.
Cases interpreting this Section
Organized by court level — higher courts carry greater authority weight when assessing whether an interpretation is settled.
Addresses how the notice period should be calculated where an employee's pay structure combines a monthly retainer with weekly commission payments.
Considers whether an employer may unilaterally substitute payment in lieu of notice without the employee's agreement under subsection (4).