Employment, Labour & Industrial Disputes

End-to-end employment law counsel for employers across Kenya’s private and public sectors.

On This Page:

1 Overview

2 Capabilities

Overview

The relationship between employer and employee is one of the most consequential in commercial life and one of the most heavily regulated. At S&P Advocates, we hold a vibrant and growing practice in employment and labour law, acting principally for employers across the private and public sectors. We help organisations manage their people and their risk with the clarity, confidence, and care this area of law demands.

The best employment outcome is often the one that never becomes a dispute. We work with employers to build the contracts, policies, and processes that reduce the risk of employment claims arising in the first place. When claims do arise, we defend them well. But we would rather help you not get there.

What is the Employment and Labour Relations Court?

The ELRC is a specialist court with exclusive jurisdiction over employment and labour matters in Kenya. It handles claims for unfair dismissal, wrongful termination, redundancy disputes, and collective bargaining disagreements. Appearing effectively before it requires advocates with specific knowledge of its procedures and jurisprudence.

As an employer, what process must I follow before dismissing an employee?

Kenyan law requires a fair reason for dismissal and a fair process. This typically includes a show-cause letter, a hearing at which the employee can respond, and a reasoned decision. Failure to follow due process, even where there is good reason for dismissal, can result in a finding of unfair termination.

Can I make employees redundant in Kenya?

Yes, but the process is strictly regulated. You must notify the relevant trade union or employee representatives, give adequate notice, pay statutory redundancy entitlements, and follow the procedure set out in the Employment Act. We advise employers through every step.

What employment documents should every Kenyan business have in place?

At a minimum: written employment contracts for every employee, a disciplinary and grievance policy, a leave policy, and clear job descriptions. Larger organisations should also have a staff handbook, a health and safety policy, and documented performance management processes.

Capabilities

Employment Contract Drafting

Contracts, service agreements, and executive terms tailored to your organisation and sector.

Dismissal & Redundancy

Lawful termination processes, redundancy programmes, and exit negotiations for employers.

ELRC Representation

Robust defence of unfair dismissal, wrongful termination, and discrimination claims.

HR Policy Development

Disciplinary, grievance, leave, and performance management policies built for compliance.

Workplace Investigations

Independent investigations into misconduct, harassment, and whistleblowing complaints.

Collective Bargaining

Trade union negotiations, recognition agreements, and industrial action management.

Resources

Employment

The Employment & Labour Relations Court in 2026: What Employers Need to Know

Commercial / All Sectors

Understanding Kenya’s Data Protection Act: Obligations for Business

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Meet Our Experts

Tracy Wagasa

Partner

Employment and dispute resolution specialist with extensive ELRC and appellate court experience.

James Juma

Associate

Employment and labour advocate with broad litigation and commercial experience across sectors.

Imanda Chele

Associate

Employment litigator focused on the ELRC, with experience in strategy, pleadings, and risk.

Why Choose Us

ELRC Specialists

We know the Employment and Labour Relations Court, its procedures, and its jurisprudence.

Prevention First

We build the contracts and policies that stop employment claims before they arise.

Employer-Side Focus

Our employment practice acts principally for employers, giving us deep knowledge of your side.

Rapid Response

Employment crises move fast. We respond within 24 hours and advise decisively under pressure.

Cross-Sector Experience

We act for employers in banking, manufacturing, health, media, education, and public bodies.

Practical Advice

We give commercial, actionable guidance, not just legal analysis, on every employment matter.

Next Steps

If you are facing an employment challenge or want to review your HR legal framework, contact our team for a confidential discussion. We advise employers at every stage, from prevention through to defence.

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