Best Hiring & Firing Lawyers in Vihiga

About Hiring & Firing Law in Vihiga, Kenya

Hiring and firing in Vihiga County is governed primarily by national employment laws of Kenya, which apply uniformly across all counties. Whether you are an employer building a team or an employee facing workplace changes, the Employment Act and related statutes set the rules on recruitment, contracts, pay, benefits, workplace conduct, and how employment can lawfully end. County bodies like the Vihiga County Public Service Board manage hiring and discipline for county government employees, but they must still follow national law. Understanding your rights and obligations helps prevent disputes and reduces costly mistakes.

Why You May Need a Lawyer

You may need legal help when drafting or reviewing employment contracts to ensure terms on probation, confidentiality, non-compete, working hours, and benefits are lawful and enforceable. Employers often seek advice before terminating an employee to confirm there is a valid reason and proper procedure, especially for misconduct, poor performance, or redundancy. Employees may need counsel if they suspect unfair termination, discrimination, unpaid wages or benefits, or if they face a disciplinary hearing. Lawyers are also helpful for union and collective bargaining issues, workplace investigations including sexual harassment, data protection compliance during hiring, managing workplace injuries, and navigating public service disciplinary or recruitment processes. Early advice can prevent escalation and protect your position if a dispute goes to conciliation or the Employment and Labour Relations Court.

Local Laws Overview

Key statutes include the Employment Act 2007, Labour Relations Act 2007, Labour Institutions Act 2007, Occupational Safety and Health Act 2007, Work Injury Benefits Act 2007, and the Data Protection Act 2019. For public sector roles, the Constitution of Kenya, the County Governments Act, Public Service Commission Act, and county human resource policies also apply. The Employment Act requires written contracts for engagements longer than three months and sets minimum terms on wages, leave, hours of work, and termination. Employers must register and remit statutory deductions that may include PAYE income tax to the Kenya Revenue Authority, National Social Security Fund contributions, and health insurance contributions under current law. Minimum wages and overtime are set through Regulation of Wages Orders. Always verify current rates and payroll levies because they are updated from time to time.

Hiring must be fair and non-discriminatory. Section 5 of the Employment Act prohibits discrimination based on grounds such as race, sex, pregnancy, marital status, disability, HIV status, religion, or language. Employers with 20 or more employees must have a sexual harassment policy. During recruitment, background checks and personal data processing must comply with the Data Protection Act. Obtain consent, collect only what is necessary, keep data secure, and inform candidates about how their data will be used.

Common contract types include open-ended, fixed-term, casual, part-time, and piece-work. A casual relationship that continues for at least one month or where the work is continuous can convert to a term contract by operation of law. Probationary contracts typically run up to six months and can be extended once by up to six months with the employee’s consent. Termination during probation requires at least seven days notice or pay in lieu. While a full disciplinary hearing under section 41 is not mandated during probation, giving the employee a chance to respond to concerns is good practice.

For non-probationary employees, termination must be both substantively justified and procedurally fair. Section 41 requires that before termination on grounds of misconduct, poor performance, or physical incapacity, the employer explains the reasons in a language the employee understands and allows the employee to be accompanied by a fellow employee or union representative. Section 43 requires the employer to prove valid reasons. Section 45 prohibits unfair termination. Notice must be given under section 35, or pay in lieu under section 36. Monthly paid employees commonly receive at least 28 days notice unless the contract specifies a longer period.

Redundancy is a special process under section 40. The employer must give advance written notices to the employee and the local labour officer, apply fair selection criteria, consult on alternatives, and pay severance of at least 15 days pay for each completed year of service, along with notice pay, accrued leave, and any other due entitlements. Summary dismissal for gross misconduct under section 44 is permitted for serious breaches such as theft, violence, or wilful neglect of duty, but the employer must still show reason and follow fair procedure.

On exit, every employee is entitled to a certificate of service under section 51 showing the period of service and nature of work. Final dues typically include salary to the last day worked, payment for untaken leave, notice pay if applicable, severance if redundancy, and any contractual benefits. Many employers aim to process final dues by the next payroll cycle, but you should confirm timelines in writing.

Statutory leave includes at least 21 working days of paid annual leave after 12 months of service, 3 months paid maternity leave, 2 weeks paid paternity leave, sick leave on full and then half pay within statutory limits, and pre-adoptive leave as provided by law. Public holidays are governed by the Public Holidays Act. Employers must also ensure a safe workplace under the Occupational Safety and Health Act and report occupational injuries under the Work Injury Benefits Act.

Disputes may be handled through internal procedures, conciliation with a labour officer, or litigation at the Employment and Labour Relations Court, which serves Western Kenya through regional registries. County public service employees usually must first exhaust internal mechanisms provided by the County Public Service Board before moving to court. Strict time limits can apply, so seek advice promptly.

Frequently Asked Questions

What must be in my employment contract in Vihiga, Kenya

For work lasting more than three months, the contract must be in writing and include details such as the employer and employee information, job title or nature of work, place of work, start date and duration if fixed-term, hours of work, wages and intervals of payment, leave entitlements, notice period, and any other key terms. Attach or reference workplace policies that will apply, such as code of conduct, data protection, and sexual harassment policy.

Can an employer in Vihiga refuse to hire me because I am pregnant or have HIV

No. The Employment Act prohibits discrimination on grounds including pregnancy and HIV status at both hiring and during employment. If you suspect discrimination, keep records of adverts, interviews, and communications, and seek advice promptly.

Do I need to give a reason to terminate a fixed-term contract when it ends

When a fixed-term contract expires on its stated end date, it usually ends without the need for a termination reason or notice, unless the contract requires notice. However, repeated renewals can create a legitimate expectation of renewal in some cases. Employers should avoid automatic rollovers without review, and employees should keep copies of all renewal letters.

How much notice is required to terminate employment

The Employment Act provides minimum notice that often matches the interval of wage payment, with monthly paid employees commonly receiving at least 28 days notice. Contracts can set longer periods. Instead of notice, either party may pay salary in lieu. Probationary employees require at least seven days notice or pay in lieu.

What is the correct process for redundancy in Vihiga

The employer must issue prior written notices to the affected employee and the local labour officer, consult on the reasons and alternatives, apply fair selection criteria, and pay statutory severance of at least 15 days pay per completed year of service plus other dues such as notice and accrued leave. Failure to follow this process can render the redundancy unfair.

Am I entitled to a hearing before I am fired for misconduct or poor performance

Yes. For non-probationary employees, section 41 of the Employment Act requires the employer to explain the reasons, allow you to respond, and permit you to be accompanied by a colleague or union representative. The employer should also investigate, consider evidence, and issue a reasoned decision.

What benefits and leave am I entitled to under Kenyan law

Minimum entitlements include paid annual leave, sick leave on full and then half pay within statutory limits, paid maternity leave for mothers, paid paternity leave for fathers, public holidays, and pre-adoptive leave for adoptive parents. Contracts and collective agreements can provide more generous benefits. Always check your contract and any applicable collective bargaining agreement.

Can my employer withhold my certificate of service until I sign a discharge

No. Under section 51, a certificate of service is a statutory right and should be issued on exit regardless of whether you sign a discharge or settlement agreement. Any discharge you sign should be voluntary and informed. Seek legal advice before signing waivers or releases.

Is a non-compete clause enforceable in Kenya

Non-compete and non-solicitation clauses can be enforceable if they are reasonable in scope, geography, and duration, and protect legitimate business interests such as trade secrets. Overly broad restraints are likely to be struck down. Confidentiality obligations are more readily enforced.

Where can I take an employment dispute from Vihiga County

Start with internal grievance or disciplinary procedures. You can seek help from the local labour office for conciliation. If unresolved, claims may be filed at the Employment and Labour Relations Court, which hears employment disputes for Western Kenya through regional registries. Do not delay because time limits can bar your claim.

Additional Resources

Ministry of Labour and Social Protection and local Labour Officers in Vihiga can guide on complaints, wage orders, and conciliation. The Employment and Labour Relations Court hears employment disputes and issues practice directions that affect filing and timelines. The Vihiga County Public Service Board manages recruitment and discipline for county employees and provides internal appeal mechanisms. The National Employment Authority offers guidance on fair recruitment practices. The Federation of Kenya Employers supports member employers with HR policies and compliance updates. The Central Organization of Trade Unions and sector unions assist workers with representation and collective bargaining. The Office of the Data Protection Commissioner provides guidance on handling employee and applicant personal data. The Kenya National Human Rights Commission can assist with discrimination complaints.

Next Steps

Document everything. Keep your contract, payslips, warning letters, appraisal records, timesheets, emails, and notes of meetings. Write a clear timeline of events with dates and names. Use internal procedures. Raise concerns or grievances in writing and keep copies. For employers, follow your disciplinary and redundancy policies step by step and consult a labour officer where required. Get legal advice early. A lawyer can assess your position, draft or review notices, prepare for hearings, or negotiate settlement. Check statutory obligations. Confirm current payroll deductions, leave entitlements, and minimum wage rules before making decisions. For county public service matters, follow the County Public Service Board procedures before escalating. Act promptly. Employment claims are subject to strict limitation periods. If termination has occurred or is imminent, seek advice without delay. Aim to resolve disputes amicably where possible. Consider conciliation or mediation to save time and cost. If resolution fails, prepare for litigation at the Employment and Labour Relations Court with all your evidence ready.

This guide provides general information for Vihiga, Kenya. It is not legal advice. Always consult a qualified employment lawyer for advice tailored to your situation.