Protect Your Rights: Your First Steps After Unfair Dismissal

The procedure for unfair dismissal claim Kenya for employees begins with understanding your rights under the Employment Act, 2007. If you believe your employment was terminated without a valid reason or without following a fair process, you may have grounds for a claim. Navigating this process can be complex, involving strict deadlines and specific legal documentation. Failing to follow the correct steps can jeopardise your case. This guide provides a clear, authoritative overview of the procedure, from initial reporting to court proceedings. At Mwenda Njagi & Co. Advocates, we specialise in helping employees across Kenya secure justice and fair compensation. Our experience delivers results, and our integrity is uncompromising in every case we handle, ensuring you receive the expert guidance you need during this challenging time.

The Legal Framework: Unfair Termination Under Kenyan Law

In Kenya, the foundation for employee protection against arbitrary termination is the Employment Act, 2007. Specifically, Section 45 of the Act stipulates that a termination of employment is unfair if the employer fails to prove that the reason for the termination is valid and fair, and that the termination was conducted in accordance with a fair procedure. A valid reason relates to the employee's conduct, capacity, or compatibility, or is based on the employer's operational requirements. Fair procedure, as outlined in Section 41, requires the employer to explain the reason for the proposed termination to the employee in a language they understand, and to allow the employee and a fellow employee or shop floor union representative to be present during this explanation. The ultimate authority for resolving these disputes is the Employment and Labour Relations Court (ELRC). Understanding these statutory requirements is the first step in building a strong unfair dismissal claim.

The scales of justice inside the Employment and Labour Relations Court in Nairobi, Kenya.
The Employment and Labour Relations Court is the primary venue for resolving unfair dismissal disputes.

Step-by-Step Procedure for Filing an Unfair Dismissal Claim

To successfully file an unfair dismissal claim in Kenya, you must follow a specific, time-sensitive procedure. Missing a step or deadline can be detrimental. The essential steps are:

1. Lodge a Formal Complaint: The first action is typically to report the dispute to a Labour Officer at the nearest Ministry of Labour office. This must be done within 90 days from the date of dismissal, as stipulated by Section 90 of the Employment Act.
2. The Conciliation Process: The Labour Officer will then initiate a conciliation process, attempting to mediate a settlement between you and your former employer. Both parties will be invited to meetings to discuss the dispute.
3. Obtain a Certificate of Unresolved Dispute: If conciliation fails to resolve the matter, the conciliator will issue a Certificate of Unresolved Dispute. This document is a critical legal requirement that permits you to escalate the case to court.
4. File a Statement of Claim: With the certificate, your advocate can draft and file a Statement of Claim with the Employment and Labour Relations Court. Key documentation required for a strong claim includes your employment contract, termination letter, recent payslips, any warning letters (or lack thereof), and correspondence related to your termination. Compliance with this procedure is non-negotiable for the court to hear your case.

Legal Representation in Kenya

Mwenda Njagi & Co. Advocates provides legal advisory and court representation across Kenya and all 47 counties in Kenya.

Understanding the Costs: Legal Fees for Unfair Dismissal Claims

A checklist illustrating the procedure for unfair dismissal claim Kenya for employees.

Pursuing an unfair dismissal claim involves costs, and it is crucial to have a clear understanding of the potential legal fees. In Kenya, advocate fees are guided by the Advocates (Remuneration) Order. At Mwenda Njagi & Co. Advocates, we believe in full transparency.

Typically, the costs can be broken down as follows:


Consultation Fees: An initial meeting to discuss your case, review documents, and provide preliminary advice may range from KES 5,000 to KES 15,000.
Instruction Fees: This is the primary fee for handling your case. It can be a fixed block fee or calculated based on the value of your claim (e.g., the amount of compensation sought).
Court Filing Fees & Disbursements: These are official fees paid to the court for filing your Statement of Claim and other documents.

We provide a comprehensive fee agreement upfront, ensuring there are no surprises. Investing in expert legal representation significantly increases your chances of securing a favourable outcome that far outweighs the initial costs.

Frequently Asked Questions

What is the time limit for filing an unfair dismissal claim in Kenya?
The time limit is extremely strict. Under Section 90 of the Employment Act, 2007, you must file a complaint regarding unfair dismissal within 90 days from the date of termination. It is crucial to act quickly to ensure your claim is not barred by this statutory limitation. Contacting a lawyer immediately after dismissal is highly recommended to preserve your legal rights.
What evidence do I need for an unfair dismissal case?
Strong evidence is key. You should gather your letter of appointment/contract, the termination letter, recent payslips, any performance appraisals, and records of communication with your employer (emails, messages). If there were no warning letters or a disciplinary hearing, the absence of this documentation is also powerful evidence of procedural unfairness. Witness testimony can also be valuable.
Can Mwenda Njagi & Co. Advocates represent me at the Employment and Labour Relations Court in Nairobi?
Absolutely. Our offices are conveniently located at Ciata Mall, Ridgeways, on Kiambu Road in Nairobi. Our legal team has extensive experience representing employees before the Employment and Labour Relations Court in Nairobi and across all of Kenya. We manage the entire procedure for an unfair dismissal claim, from filing the initial documents to advocating for you in court to secure the justice you deserve.