Practical analysis of Kenyan commercial law from CS Advocates LLP, litigation, conveyancing, mediation, governance, and infrastructure.
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Poor performance rarely arrives unannounced. Missed targets, repeated errors and unmet deadlines leave a trail, and the employer’s response to that trail decides whether a later dismissal survives scrutiny. Terminating for poor performance in Kenya is lawful, but only with valid reasons and a fair procedure behind it. The file you build along the way … Read more
A new offer arrives, and your old contract contains a clause restricting you from joining a competitor. Whether that clause can actually stop you depends on its wording and on reasonableness, not on the clause simply existing. This guide explains how Kenyan law treats restraint of trade. What is a restraint of trade clause? It … Read more
The payslip arrives, and the net figure is smaller than the salary you agreed. Some of the difference is lawful and expected; some of it deserves a question. Knowing what each line means is the first step to checking that your pay is being handled correctly. What must appear on a payslip in Kenya? The … Read more
Payroll looks simple until the statutory lines are counted. Employers in Kenya deduct and remit several contributions and taxes each month, and each has its own law, deadline and enforcement agency. Deductions missed are rarely small by the time they surface. This guide outlines the three that apply to nearly every payroll: NSSF, SHIF and … Read more
A harassment complaint on your desk sets legal duties in motion, whatever your initial impression of it. How the employer responds in the first days shapes both the outcome for the individuals and the employer’s position if the matter later reaches the Employment and Labour Relations Court. The steps below outline what the law expects … Read more
A worker falls from a ladder, or a machine catches a hand. Beyond the immediate concern for the person, the employer has defined legal duties that begin at once. The Work Injury Benefits Act 2007 sets the framework, and it applies even where the employer was not at fault. This guide summarises the immediate obligations … Read more
How much runway does the law give when a job ends? Notice periods are among the most commonly misunderstood employment terms in Kenya, and they matter to both sides: the employer planning a handover and the employee planning a transition. How much notice must be given to end employment in Kenya? The Employment Act 2007 … Read more
Engaging someone as an independent contractor can suit both sides: flexibility for the worker, agility for the business. The label, however, is not decisive. Kenyan courts look at how the relationship actually works, and a contractor who looks like an employee in substance will often be treated as one. When is a contractor actually an … Read more
Sexual harassment is difficult to raise and harder to endure, and many employees put off reporting because they fear the consequences more than the conduct. Kenyan law provides routes for reporting and protections against retaliation. Knowing them makes the first step less heavy. What does Kenyan law say about sexual harassment at work? The Employment … Read more
An employee handbook is often treated as a formality, yet it is a genuinely useful document. Policies convert legal duties into daily practice, and they give managers a consistent answer to recurring questions. They also become the standard against which the employer’s own conduct is judged in a dispute. What should an employee handbook in … Read more
An injury at work raises two urgent questions: your health, and how the costs and lost income will be met. The Work Injury Benefits Act 2007 (WIBA) answers the second, and it does so without requiring you to prove that the employer was negligent. Orderly records turn a disputed claim into a straightforward one. What … Read more
CCTV in the shop, email on company servers, a GPS tracker in the delivery vehicle: monitoring is easier than ever, and so is getting it wrong. The Data Protection Act 2019 applies to employee personal data like any other, and it reshapes what employers may collect, watch and keep. Setting the framework early avoids most … Read more
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