The extent to which an employer can change the terms of employment without the consent of the employee has always vexed employers but was severely tested during the COVID-19 pandemic. During that dark period many employers found themselves unable to sustain their contractual obligations to the employees due to the financial and logistical challenges posed by the pandemic.
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 - 2022)
- Ranked Band 1 in Employment (Chambers & Partners 2019 - 2022)
With the unending gymnastics of the Kenya shilling against major hard currencies, employers are increasingly coming under pressure from both existing and prospective employees to pay their salaries in convertible currency, preferably the US dollar or Sterling Pound.
In his classic play, Romeo and Juliet, the famous English playwright, William Shakespeare posed the intriguing question: “What's in a name?” His answer was equally ingenious: “That which we call a rose by any other name would smell as sweet.”
Over the past few years, the world has witnessed increased use of artificial intelligence (AI) in almost every sphere of life. Some of the AI solutions such as ChatGPT by OpenAI have drawn immense public attention and are said to be “revolutionary”. Governments and businesses world-wide are exploring ways of integrating AI into the economy and businesses
On 19 September 2022, the Employment and Labour Relations Court declared several sections of the National Social Security Fund Act Cap 45 of 2013 as unconstitutional, null and void in Petitions 38 of 2014 (consolidated with Petitions 34, 35, 49 and 50 of 2014) Kenya Tea Growers Association & Others versus The Honourable Attorney General, the National Social Security Fund Trustees & Others.