If you’ve been dismissed without notice, declared redundant, denied your salary, injured at work, or you’re an employer managing workplace disputes, understanding your legal rights is the first step. Marilyn Law & Associates helps employees and employers across Kenya navigate employment law with practical legal advice, strategic representation, and solutions tailored to every workplace matter.
Employment law protects the relationship between employers and employees by setting clear standards for fair treatment, workplace rights, and employer obligations. Whether you are facing an employment dispute or managing a workforce, understanding the legal framework is essential to protecting your rights and avoiding costly disputes.
Kenya’s employment laws are primarily governed by the Constitution of Kenya, 2010, the Employment Act, 2007, and decisions of the Employment and Labour Relations Court (ELRC). These laws regulate everything from employment contracts and disciplinary procedures to redundancy, unfair termination, workplace safety, and employee benefits.
matters consistently account for thousands of cases handled by the Kenyan Judiciary each year, making employment disputes one of the country's most common legal issues.
guarantees every worker the right to fair labour practices, including fair remuneration, reasonable working conditions, and the right to join and participate in trade unions.
establishes the legal requirements for employment contracts, probation, disciplinary hearings, notice periods, redundancy, annual leave, maternity and paternity leave, wages, and lawful termination.
account for more than 90% of businesses in Kenya, meaning millions of employers and employees rely on employment law every day to govern workplace relationships.
Every workplace dispute begins with a question. Whether you’re an employee trying to understand your rights or an employer looking to make the right decision, knowing where you stand legally is the first step. Below are some of the most common employment law questions Kenyans ask—and while every situation is unique, understanding the legal principles involved can help you make informed decisions.
Severance pay depends on the circumstances under which your employment ended, particularly where redundancy is involved. Factors such as your length of service, employment terms, and whether the legal redundancy process was followed all play an important role. Every case should be assessed individually before determining what may be due.
The Employment Act, 2007 provides minimum legal standards that employers must observe during redundancy, including notice requirements and severance obligations.
Kenyan employment law only permits immediate dismissal in specific situations recognised by law. In many cases, employers are expected to provide a valid reason, follow a fair disciplinary process, and comply with statutory requirements before ending an employment relationship.
Fair procedure is one of the most frequently considered issues by the Employment and Labour Relations Court when determining whether a dismissal was lawful.
Employees have the right to receive wages in accordance with their employment contracts and Kenyan employment law. Where salaries, benefits, or terminal dues remain unpaid, there may be legal remedies available depending on the facts of the matter.
Wage disputes and unpaid employment benefits are among the workplace issues regularly brought before the Employment and Labour Relations Court.
Employment law is about more than resolving disputes—it’s about protecting livelihoods, supporting businesses, and ensuring workplace relationships are governed by fairness and the law. At Marilyn Law & Associates, we provide practical legal guidance and representation across a wide range of employment matters, helping both employees and employers navigate workplace challenges with confidence.
If you believe your employment was terminated unfairly or without following the required legal process, we help you understand your rights, assess the circumstances of your dismissal, and determine the most appropriate legal course of action.
We advise both employers and employees on lawful redundancy procedures, statutory obligations, severance entitlements, consultation requirements, and compliance with Kenyan employment law.
Whether you’re reviewing a new employment contract, negotiating employment terms, or drafting workplace agreements, we help ensure your contracts protect your interests while complying with Kenyan employment legislation.
Employers must follow fair disciplinary procedures before taking action against employees. We advise businesses on conducting lawful disciplinary processes while helping employees understand whether their rights have been respected.
From salary disputes and unfair labour practices to wrongful dismissal claims, we represent clients in negotiations, mediation, and proceedings before the Employment and Labour Relations Court where necessary.
We advise clients on workplace injury claims, occupational safety obligations, employee protections, and legal remedies available under Kenyan employment law.
Choosing the right employment lawyer isn’t just about understanding the law—it’s about having a legal partner who understands your situation, communicates clearly, and works towards practical solutions. At Marilyn Law & Associates, we combine legal expertise with a client-first approach to help employees and employers navigate workplace matters with confidence.
Every workplace dispute is different. Before recommending a legal course of action, we take time to understand your employment relationship, review the facts, and identify the legal issues that matter most.
Employment law can be complex, but understanding your rights shouldn’t be. We explain legal processes, obligations, and possible outcomes in clear, practical language so you can make informed decisions with confidence.
Not every workplace dispute needs to end in court. Where appropriate, we help clients explore negotiation, settlement, mediation, and other practical approaches that save time, costs, and professional relationships.
Every legal matter is unique, but our approach remains the same—listen first, advise clearly, and act strategically. From your first consultation to the resolution of your matter, we’re committed to keeping you informed and supported every step of the way.
Rather than simply reacting to legal disputes, we focus on helping our clients understand their position, evaluate their options, and move forward with confidence.
01. Listen
We begin by understanding your circumstances, reviewing relevant documents, and identifying the legal issues affecting your employment matter.
We begin by understanding your circumstances, reviewing relevant documents, and identifying the legal issues affecting your employment matter.
We evaluate your situation against the relevant employment laws, contractual obligations, and available evidence to provide clear legal guidance.
We explain your rights, obligations, potential risks, and practical options, ensuring you understand every step before making important decisions.
Where possible, we pursue practical solutions through negotiation or alternative dispute resolution. Where litigation becomes necessary, we provide strategic representation to protect your interests.
Choosing the right lawyer is an important decision, and it’s natural to have questions before taking the next step. Here are answers to some of the most common questions we receive from individuals, families, and businesses across Nairobi and Machakos.
Being dismissed through WhatsApp does not automatically make the termination lawful or unlawful. What matters is whether your employer had a valid reason for the dismissal and followed the fair procedures required under Kenyan employment law. Every employment relationship is unique, and the circumstances surrounding the dismissal should be carefully assessed before determining your legal options.
Kenyan employment law allows dismissal without notice only in limited circumstances recognised by law. In many situations, employers must provide a valid reason for termination and follow a fair disciplinary process before ending an employment relationship. Whether your dismissal was lawful depends on the facts of your case.
Severance pay generally applies where employment ends because of redundancy. The amount payable depends on factors such as your length of service, employment terms, and whether the employer complied with the legal redundancy process. Seeking legal advice can help you understand your entitlement.
Although the terms are often used interchangeably, they can have different legal meanings depending on the circumstances. Unfair termination generally relates to whether the employer followed the law and fair procedure, while wrongful dismissal may involve breaches of your employment contract. A legal assessment can help determine which applies to your situation.
Employees have the right to receive wages in accordance with their employment contract and applicable employment laws. If your salary, benefits, or terminal dues remain unpaid, it is important to keep relevant records and seek legal advice before taking further action.
Yes. Redundancy must follow a lawful process. Employers are required to meet specific legal obligations, including providing notice and following the procedures set out in Kenyan employment law. If these requirements were not followed, you may have legal remedies available.
Keep copies of your employment contract, appointment letter, payslips, warning letters, termination letter, emails, WhatsApp messages, performance reviews, leave records, and any other workplace correspondence. These documents may be important in understanding your legal position.
Changes to employment terms should generally be communicated clearly and agreed upon where required. If significant changes have been made without consultation or agreement, it is advisable to seek legal guidance to understand your rights and the implications.
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