Practical analysis of Kenyan commercial law from CS Advocates LLP, litigation, conveyancing, mediation, governance, and infrastructure.
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Work done should be paid for, and Kenyan law gives employees practical routes to recover unpaid salary, leave pay and other dues. The routes differ in cost and speed, and choosing sensibly starts with the paperwork you can produce. This guide sets out the options in order. How do you recover unpaid salary in Kenya? … Read more
Genuine business pressures sometimes require a reduction in staff. Kenyan law does not prevent retrenchment, but it prescribes a sequence, and employers who skip steps routinely find themselves defending claims at the Employment and Labour Relations Court. The procedure under the Employment Act 2007 is summarised below. What steps must an employer follow before declaring … Read more
The Employment and Labour Relations Court (ELRC) exists for exactly these disputes, and its process is structured rather than mysterious. Knowing the stages, the time limits and the remedies available helps you decide early whether to pursue a claim and how to prepare for it. When is a dismissal unfair under Kenyan law? A termination … Read more
Few tasks in managing people are as delicate as discipline. Handled well, it corrects conduct and protects the team. Handled badly, it hands the employee a strong case at the Employment and Labour Relations Court. The difference usually lies in the process, not the outcome. What does a lawful disciplinary process involve? Before any sanction, … Read more
A job offer is exciting, and the contract that follows it is easy to skim. It is worth the opposite: the document will govern your pay, hours, leave and exit, and changing it later needs both parties to agree. Here is what to check before you sign. What should you check before signing an employment … Read more
Every employment relationship rests on its terms. When those terms are written down clearly, both sides know where they stand and disagreements are far easier to resolve. This guide sets out what an employer in Kenya must include in an employment contract and when it has to be issued. What must be included in an … Read more
Losing a job without warning is disorienting, and the first few days matter more than they feel like they do. What you do about documents, deadlines and communications in that window shapes what can later be recovered. Here is where the law stands and where to start. When is a termination wrongful in Kenya? The … Read more
Taking on your first employees is a milestone for any business. It also marks the point where employment law applies to you in full. The duties are manageable if you prepare for them early, and this checklist sets out the contracts, registrations and records that put a first hire on a proper footing. What should … Read more
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