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Employment

Nairobi is the gateway into East Africa and is the largest business hub in the region. It is one of the preferred destinations for multinationals and international non-governmental organizations seeking to establish a presence in Africa. 

The legal framework governing labor and immigration issues is typically one of the topics that entrants, who are new to the region seek advice on. Equally, established businesses require ongoing practical legal guidance on labor-related issues to avoid expensive and sometimes complicated litigation with former employees. 

Our strong and well-resourced team is well known for providing solution-based legal counsel to both local and foreign clients. From recruitment to retirement, our team ensures that clients are well covered to avoid the usual pitfalls arising from misinformed decisions and actions against employees which may end up in costly litigation.

Experience has included advising on:

  • All aspects of labour/employment laws in Kenya and providing legal opinions.
  • The localization of employment and drafting documents such as employment contracts, human resource policies and manuals, staff handbooks, termination documents and transfer of employee documents in the event of restructuring, buy-outs or mergers.
  • Outsourcing and consultant/independent consultant arrangements and preparing/reviewing the relevant contracts.
  • Termination options, including the disciplinary process, termination documents and terminal dues.
  • Employee share option plans or schemes.
  • Retirement benefits.
  • Labour-related litigation.
  • Ranked Tier 1 in Employment (The Legal 500 2019)
  • Ranked Band 1 in Employment (Chambers & Partners 2019)

Annulment of the Retirement Benefits (Occupational Retirement Benefits Schemes) (Amendment) Regulations, 2019

The Government, through the Cabinet Secretary for the National Treasury and Planning published Legal Notice Number 88 of 2019 dated 13th June, 2019 which amended the Retirement Benefits (Occupational Retirement Benefits Schemes) Regulations, 2000 (the “Regulations”). Regulation 19 (5) (a) (ii) was amended to read as follows: “the scheme rules shall provide that: where a member leaves employment after vesting of his benefits but before attaining the specified early retirement age, he may opt for payment of his own contribution where he is a member of a defined contribution scheme.

Amendment of the Retirement Benefits Regulations

The Government of Kenya through the Cabinet Secretary for the National Treasury and Planning has, through Legal Notice Number 88 of 2019 dated 13th June, 2019 (copy attached for your reference), amended the Retirement Benefits (Occupational Retirement Benefits Schemes) Regulations, 2000 (the “Regulations”).

Housing Fund Levy in Kenya

The Housing Fund Levy was proposed for implementation to support the President’s Big Four agenda in relation to housing.

Foreigners to remain out of the country until permit or pass is issued

The Cabinet Secretary for Interior and Coordination of National Government (“CS”) issued a directive on Monday 10th  December, 2018 that foreign nationals shall not be allowed to remain in or come into the country prior to the issuance of their permits or passes.