Overview
What this area covers
Employment law in Kenya establishes the rights and obligations of employers and employees, gives effect to the constitutional right to fair labour practices guaranteed by Article 41, and provides the framework within which employment disputes are resolved.
The Employment Act is the foundational statute, covering contracts of service, minimum notice periods, termination procedure, summary dismissal, and remedies for unfair dismissal. It operates alongside the Labour Relations Act (which governs collective bargaining and trade unions) and the Work Injury Benefits Act (which covers workplace injuries).
Employment disputes are heard by the Employment and Labour Relations Court — a specialist court of equal status to the High Court, established under Article 162(2)(a) of the Constitution. Decisions of the Employment and Labour Relations Court are appealable to the Court of Appeal.
For Citizens
Common questions
These questions link directly into the legal record — each one routes to the relevant provision or case law.
Legislation
Foundational Acts
The primary statutes governing the employment relationship — read these before case law.
Employment Act
In forceThe foundational statute on the employment relationship — contracts of service, termination, notice, summary dismissal, protection of wages, and remedies for unfair dismissal.
Labour Relations Act
In forceGoverns trade unions, employers' organisations, collective bargaining, strikes, and the relationship between organised labour and employers.
Work Injury Benefits Act
In forceProvides for compensation of employees who suffer occupational diseases or injuries arising out of and in the course of employment.
Constitutional Foundation
Relevant constitutional provisions
Employment legislation must be read consistently with these Articles — courts frequently refer to them when interpreting statutory provisions.
Article 41 — Labour Relations
Every person has the right to fair labour practices. Every worker has the right to fair remuneration, reasonable working conditions, and to join or participate in the activities of a trade union. This Article is the constitutional foundation for the Employment Act and all employment legislation.
Article 27 — Equality and freedom from discrimination
Every person is equal before the law and has the right to equal protection and equal benefit of the law. Discrimination on prohibited grounds — including race, sex, pregnancy, marital status, disability, and religion — is unlawful in employment.
Article 47 — Fair administrative action
Every person has the right to administrative action that is expedient, efficient, lawful, reasonable and procedurally fair. Courts have applied this Article to internal disciplinary procedures in employment contexts.
Case Law
Leading cases
Illustrative examples of the types of employment questions courts have resolved — organized by court level. All case entries on this prototype are illustrative.
[Illustrative example — wrongful termination appeal]
IllustrativeEstablishes that procedural and substantive fairness are independent requirements under the Employment Act. Failure to give notice under s.35 is a standalone defect regardless of whether substantive grounds exist.
Examines the evidentiary burden on an employer seeking to rely on s.44 summary dismissal — the court held that gross misconduct must be clearly established on the evidence.
Applies the prohibition on discriminatory pay practices under s.5 of the Employment Act, read together with Article 27 of the Constitution.