One of the more significant changes in the Kenyan labour landscape for 2026 is the integration of the right to disconnect.
What it means
With the rise of remote and hybrid work, employees are no longer legally obligated to respond to work-related communications — emails, WhatsApp messages or calls — outside of official working hours, unless it is a defined emergency.
Why it matters
Failure by an employer to respect this right can lead to constructive dismissal claims or demands for overtime pay.
That is a real consequence, not a guideline. If your employer expects after-hours availability as a matter of routine, that expectation now has a legal cost attached to it.
What employers are expected to do
Draft specific communication policies that set out expectations for after-hours contact, including what counts as an emergency.
If your workplace has no such policy, that gap works in your favour rather than against you.
The three grounds for termination
Separately, it is worth knowing that Kenyan employers can only terminate for three reasons:
- Misconduct
- Incapacity
- Operational requirements — redundancy
The process requires written notice stating the reason, proper acknowledgement from the employee, and the correct notice period.
Your right to a hearing
During any disciplinary hearing, you are entitled to have a fellow employee present. If you are a union member, a union representative can attend.
A disciplinary process conducted without that opportunity is defective.
Other 2026 changes
A 5% disability employment quota now applies to companies with 20 or more employees.
And from 31 July 2026, all HR practitioners in Kenya — including foreign practitioners — must be registered and licensed with the IHRM.
Notice periods
From one week to one month depending on length of service, under Section 35. During probation, seven days.
Where to complain
The Labour Office, within 60 days of termination.