Fired Unfairly in Mombasa? Know Your Rights & Take Action

Finding the best law firm for wrongful dismissal claims Mombasa has to offer is the first critical step to justice after an unfair termination. Losing your job unexpectedly is a deeply stressful experience, impacting your finances, career, and well-being. In Kenya, your employer cannot fire you without a valid reason and without following a fair procedure. If you believe your termination was unlawful, you have rights that must be protected. Mwenda Njagi & Co. Advocates provides uncompromising legal representation for employees in Mombasa and across Kenya. Our experienced litigation team understands the complexities of employment law and is dedicated to holding employers accountable and securing the maximum compensation you are entitled to. We are here to provide the clarity and expert guidance you need during this challenging time.

Understanding Wrongful & Unfair Dismissal Under Kenyan Law

In Kenya, the termination of an employment contract is strictly governed by a robust legal framework designed to protect employees from arbitrary action. The cornerstone of this framework is the Employment Act, 2007, particularly Section 45, which explicitly states that a termination is unfair if an employer fails to prove it was grounded on a valid reason and that they followed a fair procedure. A dismissal can be challenged on two main grounds:

1. Substantive Fairness: This requires the employer to have a genuine and valid reason for the termination. Valid reasons can include poor performance, misconduct, or redundancy. However, the employer must have credible evidence to support their reason. A termination based on a flimsy excuse, discrimination, or as retaliation for exercising a labour right is substantively unfair.

2. Procedural Fairness: As outlined in Section 41 of the Employment Act, an employer must follow a specific procedure before terminating an employee. This includes clearly explaining the grounds for potential termination and giving the employee, accompanied by a fellow employee or union representative, a chance to be heard and defend themselves. Failure to provide this hearing (a key principle of natural justice also upheld by the Fair Administrative Action Act) automatically renders the dismissal procedurally unfair, regardless of the reason.

The Employment and Labour Relations Court building in Mombasa, where wrongful dismissal cases are heard.
We represent clients at the Employment and Labour Relations Court in Mombasa, located at the NSSF Building.

The Legal Procedure for Filing a Wrongful Dismissal Claim in Mombasa

If you have been wrongfully dismissed, taking swift and calculated legal steps is crucial. Here is the typical procedure our firm follows for clients in Mombasa:

Step 1: Initial Consultation & Case Review
We begin with a detailed consultation to understand the specifics of your termination. We will review essential documentation such as your employment contract, termination letter, payslips, and any relevant correspondence to assess the strength of your claim.

Step 2: Issuing a Formal Demand Letter
Once we establish you have a strong case, we will draft and send a formal demand letter to your former employer. This letter outlines your claim, details the legal breaches, and demands appropriate compensation. This often opens the door for a settlement negotiation.

Step 3: Filing at the Employment and Labour Relations Court (ELRC)
If the employer fails to respond or offer a fair settlement, we will file a Statement of Claim on your behalf at the Employment and Labour Relations Court in Mombasa, located at the NSSF Building. This formally initiates the legal proceedings.

Step 4: The Court Process
The case will then proceed through the court system, involving the exchange of documents, witness statements, and eventually a hearing where we will argue your case before a judge. Our team meticulously prepares and represents you at every stage to ensure your voice is heard.

Legal Representation in Mombasa, Kenya

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

Legal Fees & Costs for Wrongful Dismissal Cases in Kenya

A lawyer from Mwenda Njagi & Co. Advocates reviewing a wrongful dismissal claims file for a client in Mombasa.

We believe in transparency when it comes to legal fees. The cost of pursuing a wrongful dismissal claim can vary depending on the complexity of the case and the amount of work required. In Kenya, legal fees are guided by the Advocates (Remuneration) Order. Typically, our fee structure includes:


Consultation Fee: A fixed, one-time fee for the initial case evaluation. We will provide a clear figure, often ranging from KES 5,000 to KES 15,000, before the meeting.
Instruction Fees: This forms the main cost of our legal services and is usually calculated based on the complexity and value of your claim.

During our first meeting, we provide a clear and comprehensive fee agreement that outlines all anticipated costs, ensuring there are no surprises. We are committed to providing value and may discuss flexible payment arrangements to ease the financial burden. Our primary goal is to make expert legal representation accessible so you can fight for your rights.

Frequently Asked Questions

What compensation can I get for wrongful dismissal in Kenya?
Under Section 49 of the Employment Act, if a court finds your dismissal was unfair, it can award several remedies. These include any unpaid wages, payment in lieu of notice, and the equivalent of up to 12 months of your gross salary as compensation for the wrongful dismissal. The exact amount depends on factors like your length of service and the employer's conduct.
How long do I have to file a wrongful dismissal claim in Mombasa?
The law provides a strict time limit. You must file your claim for wrongful dismissal or unfair termination at the Employment and Labour Relations Court within 3 years from the date your employment was terminated. It is crucial to act quickly to ensure you do not get locked out by this statutory limitation period and to better preserve evidence for your case.
Your office is in Nairobi. Can you effectively handle my case in Mombasa?
Absolutely. Mwenda Njagi & Co. Advocates has extensive experience representing clients before the Employment and Labour Relations Court in Mombasa. We leverage technology for seamless virtual consultations and have a robust network to manage all on-the-ground filings and court appearances efficiently. Our focus is on delivering results for you in Mombasa, regardless of our office's physical location.