Employment & Labour Law Advocates in Nairobi, Kenya

Employment and labour law governs the legal relationship between employers and employees protecting worker rights, setting baseline standards for pay and safety, and outlining the rules for hiring and termination. In Kenya, these relations are anchored in the Constitution and enforced by the Employment and Labour Relations Court (ELRC). At Ondieki & Matoke Company Advocates, we advise both employers and employees, because getting employment relationships right or resolving them fairly when they break down protects everyone involved.

The Legal Framework

  • The Constitution of Kenya — Article 41 guarantees every worker fair labour practices, reasonable working conditions, and the right to join trade unions.
  • The Employment Act, 2007 — Sets core rules on employment contracts, wages, leave, non-discrimination, sexual harassment, and fair termination procedures.
  • The Labour Relations Act, 2007 — Governs freedom of association, trade unions, employer federations, and collective bargaining.
  • Occupational Safety and Health Act (OSHA) — Sets requirements for safe and healthy work environments.
  • Work Injury Benefits Act (WIBA) — Provides compensation guidelines for workplace injuries or deaths.
Employment & Labour Law

Employee Rights & Employer Duties

  • Written Contracts — Employment lasting more than three months must be in writing under Section 9 of the Employment Act. Where a written contract is required, the employer must furnish the written particulars of employment within two months of the start of employment under Section 10.
  • Remuneration & Deductions — Employees are entitled to fair wages, paid in full in Kenyan currency, with only lawful and transparent deductions.
  • Leave Entitlements — Employees are entitled to a minimum of 21 days of annual leave, 90 days of paid maternity leave, 14 days of paid paternity leave, and sick leave provisions.
  • Fair Termination — Employers must prove valid grounds such as misconduct, poor performance, or redundancy and follow due process before dismissing an employee. Skipping either requirement is the single most common source of successful unfair dismissal claims.

Our Employment & Labour Law Services

  • Employment Contract Drafting & Review — Preparing and reviewing employment contracts that comply with Section 10’s requirements and reflect the actual working relationship.
  • HR Policy & Workplace Compliance Advisory — Developing HR policies and workplace practices that meet Employment Act and OSHA requirements.
  • Termination & Redundancy Advisory — Advising employers on lawful termination and redundancy processes, and representing employees challenging a dismissal they believe was unfair.
  • Workplace Investigations — Conducting or advising on internal investigations into misconduct or harassment complaints.
  • Employment Disputes & ELRC Representation — Representing employers and employees in disputes before the Employment and Labour Relations Court.
  • Occupational Safety & Work Injury Advisory — Advising on compliance with OSHA and WIBA, and supporting claims arising from workplace injury.
  • Collective Bargaining & Trade Union Matters — Advising employers and unions on collective bargaining agreements and trade union relations under the Labour Relations Act.
Employment & Labour Lawyers in Nairobi Kenya

What to Expect — Our Process

  • Initial consultation — you share your employment situation, whether that’s a contract, a policy question, or a dispute.
  • Assessment — we review the relevant documents and assess your legal position.
  • Advice or drafting — we advise on next steps, or draft the contract or policy you need.
  • Resolution or representation — we pursue a negotiated resolution where possible, or represent you before the ELRC where necessary.
  • Follow-through — we see the matter through to resolution and advise on staying compliant going forward.

Why Ondieki & Matoke Company Advocates

  • Direct access to your advocate throughout — not a call centre or a junior clerk.
  • Experience representing both sides of the employment relationship, giving us a practical read on how disputes actually play out at the ELRC.
  • Clear, upfront guidance on your realistic options, before a small issue becomes an expensive dispute.
  • A transparent process and fee structure, explained clearly before work begins.
Employment & Labour Law firms in Nairobi

Frequently Asked Questions
Can my employer terminate me without notice in Kenya?

Generally, no. Employers must provide notice or pay in lieu of notice, except in cases of gross misconduct justifying summary dismissal. Even then, the employer must follow a fair process, including giving the employee a chance to respond to the allegations, before dismissal.

What is the process for filing an unfair dismissal claim in Kenya?

An employee who believes they were unfairly dismissed can file a claim at the Employment and Labour Relations Court, typically within three years of the dismissal. The claim sets out the grounds for the dismissal being unfair, whether due to lack of valid reason, failure to follow due process, or both.

What should an employment contract in Kenya include?

Under Section 10 of the Employment Act, a written contract should include the parties’ details, job description, start date, form and duration of the contract, place and hours of work, remuneration and how it’s calculated, and payment intervals, among other particulars.

What is the difference between termination and redundancy in Kenya?

Termination ends employment for reasons related to the employee, such as misconduct or poor performance, while redundancy ends employment because the position itself is no longer needed, for genuine business reasons. Redundancy carries specific statutory requirements, including notice and severance pay, that don’t automatically apply to a standard termination.

Is maternity and paternity leave paid in Kenya?

Yes. Female employees are entitled to 90 days of paid maternity leave, and male employees are entitled to 14 days of paid paternity leave under the Employment Act.

Call now for a Free Consultation

Contact

0710942629 / 0736677646 / omaadvocates@gmail.com / info@omaadvocates.co.ke

Office

A.C.K. Garden Annex, 1st Ngong Avenue, Ground Floor, Suite 04, Upper Hill, Nairobi, Kenya

Open Hours

Monday-Saturday 8 am – 5pm
Weekends on Appointments only.