Kenyan law requires that terminations be both substantively and procedurally fair. Getting one right and the other wrong still leaves the employer exposed.
The framework
Sections 35 to 47 of the Employment Act 2007 govern individual terminations, alongside the Labour Relations Act.
- Section 35: notice periods by length of service
- Section 36: payment in lieu of notice
- Sections 37-40: termination for cause and redundancy
- Section 44: summary dismissal
Summary dismissal
Under Section 44, an employer may dismiss summarily where the employee has, by conduct, fundamentally breached their obligations under the contract of service.
Even then, a fair process is expected.
The disciplinary hearing
You are entitled to an investigation and a hearing before dismissal for misconduct, with a fellow employee or union representative present.
Your final payslip checklist
- Salary calculation for days worked
- Deductions — tax, SHIF, NSSF, Housing Levy
- Leave payout for accrued untaken leave
- Severance, if redundancy applies
- Notice pay, if notice was not worked
Get a receipt or bank transfer confirmation. Verify the amount matches the calculation.
What to keep
- The termination notice
- Your final payslip
- Your service certificate
- The calculation breakdown
- Any correspondence, with dates
These are your evidence if you dispute the termination later.
Returning company property
Return keys, ID badge, equipment and access cards, and get written acknowledgment. That protects you from later claims of loss or damage.
The 60-day deadline
If you were wrongfully terminated, file a complaint at the Labour Office within 60 days of termination.
It is a short window. Act promptly.
Statutory rights cannot be waived
Minimum notice, severance and leave cannot be waived by agreement, regardless of what a contract says.