Whenever employees, especially those holding high profile positions, are terminated, the immediate reaction is to apply for an order of reinstatement from the employment Courts. Kenyan laws on employment, including the Constitution, the Employment Act and the Employment and Labour Relations Court Act confer various rights to employees including the right to fair employment conditions, right against discrimination and the right to fair termination.
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 - 2024)
- Ranked Band 1 in Employment (Chambers & Partners 2019 - 2024)
The rise of the global gig economy where more people are working as freelancers and side-jobs, fuelled by increased access to smartphones and internet connectivity, has transformed Kenya's employment landscape. This has ushered a new era of flexibility, autonomy, and remote working. Platforms like Uber, Bolt, Jumia, and Glovo have empowered Kenyans to engage in freelance and short-term work, significantly contributing to this economic shift.
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.
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.”