Our Insights

This article examines disciplinary due process under Kenyan employment law, with a focus on Section 41 of the Employment Act, 2007 and related constitutional principles. It highlights employer obligations on procedural fairness, timely hearings, employee representation, access to evidence, and appeal rights. T

Kenyan employers face rising compliance risks under the Employment Act and OSHA. Clear policies, proper documentation, and fair procedures are essential when managing performance gaps, absenteeism, and workplace alcohol-related misconduct. A one-stop legal advisory helps organisations strengthen compliance, reduce disputes, and build safer, productive workplaces.

In Kenya, mutual separation agreements allow employers and employees to end contracts amicably, but courts insist on fairness and voluntariness. Where they are used to mask unfair termination, as recent cases show, judges will step in to protect employee rights.