Best Wrongful Termination Lawyers in Vihiga

About Wrongful Termination Law in Vihiga, Kenya

Wrongful termination in Vihiga, Kenya refers to ending an employee’s contract in a way that violates the Employment Act, the Constitution, a contract of service, or a collective bargaining agreement. Common examples include dismissals without a valid reason, dismissals carried out without a fair process, discriminatory firings, and improperly handled redundancies. Although Vihiga is a county, employment law is set nationally, so the same rules that apply across Kenya also apply in Vihiga. Disputes are handled through local labour offices and the Employment and Labour Relations Court system that serves the Western region.

Why You May Need a Lawyer

You may need a lawyer if you were dismissed without notice or pay in lieu where notice was required, if you were not given a fair hearing before dismissal, if you suspect the reason for termination was discriminatory or related to pregnancy, union membership, whistleblowing, or lawful sick leave, if your redundancy did not follow the legal procedure for selection, notification, and severance, if you were forced to resign due to intolerable working conditions and believe you have a constructive dismissal claim, if you are negotiating a severance package or settlement and want to protect your rights and tax position, if you are unsure about the evidence you need or the deadlines for filing, or if your employer refuses to issue a certificate of service or pay statutory terminal dues such as accrued leave, notice, or overtime. A lawyer can assess the strength of your case, guide you through conciliation at the County Labour Office, file a claim at the Employment and Labour Relations Court, and negotiate a fair settlement.

Local Laws Overview

Kenyan law protects employees from unfair or wrongful termination. Key instruments include the Constitution of Kenya 2010, especially the rights to fair labour practices and equality, the Employment Act 2007, the Labour Relations Act 2007, the Labour Institutions Act 2007, and case law from the Employment and Labour Relations Court. In Vihiga, these national laws are administered day to day by the County Labour Office and the courts serving the region.

Valid reasons for termination must relate to an employee’s conduct, capacity, compatibility, or the employer’s operational requirements. Under the Employment Act, the employer must show a valid and fair reason and follow a fair procedure. Before termination for misconduct or poor performance, an employee is entitled to be informed of the allegations and to be heard in the presence of a fellow employee or union representative. Summary dismissal is allowed only for gross misconduct, such as theft or serious insubordination, and even then a fair hearing is expected.

For redundancy, the employer must issue at least one month’s written notice to the affected employee and the local labour officer, use fair selection criteria such as skill and reliability, consult on alternatives, and pay severance of at least 15 days’ pay for each completed year of service in addition to notice, accrued leave, and any other dues. Redundancy is different from dismissal for misconduct and has its own procedure.

Notice requirements depend on the contract. If you are paid monthly, the minimum statutory notice is 28 days unless the contract or a collective agreement provides more. Employers may choose to pay in lieu of notice. Probation may last up to six months and can be extended to a maximum of twelve months, with a minimum seven days’ notice. Even during probation, employees remain protected from discrimination and other unlawful reasons for termination.

Burden of proof is shared. An employee must show that a dismissal or termination occurred and was unfair or wrongful, while the employer must justify the reasons and the procedure used. Employers must keep employment records and payslips, and employees are entitled to a certificate of service on exit regardless of the reason for leaving, except in very limited circumstances involving employment for less than four consecutive weeks.

Time limits are strict. Most employment claims must be filed within three years from the date of termination. For continuing injury, the limit is 12 months after the injury ceases. Missing these limits can bar your claim.

Remedies for unfair termination can include compensation of up to the equivalent of 12 months’ gross salary, reinstatement or re-engagement in appropriate cases, wages in lieu of notice, accrued leave pay, service pay where applicable, severance in redundancy cases, and issuance of a certificate of service. Reinstatement is generally ordered only within three years of dismissal and where trust and practicability permit.

Frequently Asked Questions

What is the difference between wrongful termination and unfair termination?

In Kenya the terms are often used together. Generally, unfair termination refers to a dismissal without a valid and fair reason or without following fair procedure. Wrongful termination often focuses on breach of contract terms such as notice or termination clauses. Courts typically assess both the reason and the procedure under the Employment Act.

What reasons for dismissal are considered unlawful?

Reasons based on discrimination such as race, sex, disability, pregnancy, marital status, religion, or union membership are unlawful. Dismissing someone for taking lawful sick leave, participating in a lawful strike, or making a legitimate complaint is also unlawful. An employer must prove a valid, fair reason related to conduct, capacity, or operational needs.

What procedure must my employer follow before dismissing me?

Your employer should inform you of the allegations in a language you understand, give you a chance to respond at a hearing where you may be accompanied by a colleague or union representative, consider your response before deciding, and communicate the decision in writing. For redundancy, the employer must issue statutory notices to you and the labour officer, use fair selection criteria, pay severance, and settle all dues.

How much notice am I entitled to?

If you are paid monthly, you are entitled to at least 28 days’ notice unless your contract or a collective agreement provides more. If you are on probation, the minimum is seven days. An employer may pay salary in lieu of notice instead of requiring you to serve the notice period.

What compensation can I get if the termination is found unfair?

Possible awards include up to 12 months’ gross salary as compensation, notice pay, accrued leave, unpaid wages, and any other contractual dues. In redundancy, a minimum severance of 15 days’ pay per completed year of service is payable. In appropriate cases, the court may order reinstatement or re-engagement.

What is constructive dismissal and can I claim it?

Constructive dismissal occurs when you resign because your employer has made working conditions intolerable or has fundamentally breached your contract, such as cutting pay without agreement or persistently harassing you. If you can show that resignation was a reasonable response to the employer’s conduct, the court may treat it as an unfair termination by the employer.

How long do I have to file a claim?

You generally have three years from the date of termination to file a claim in the Employment and Labour Relations Court. For continuing injury claims, you have 12 months after the injury stops. It is best to act quickly because gathering evidence and trying conciliation can take time.

Do casual or domestic workers have protection?

Yes. Casual employment that continues for a month or more, or where work is continuous, can convert to a term contract with notice and other protections. Domestic workers, farm workers, and other vulnerable workers are protected by the Employment Act, including rights to notice, leave, and fair procedure.

What documents and evidence should I keep?

Keep your contract or letter of appointment, any HR policies, payslips, performance appraisals, warning letters, email or text messages about the dismissal, minutes of any disciplinary hearing, your termination letter, records of leave and overtime, and contacts of witnesses. A certificate of service should be issued when you leave.

Can I settle out of court?

Yes. Many wrongful termination disputes are resolved through conciliation at the County Labour Office or through direct settlement agreements. A lawyer can help ensure the settlement covers all dues, addresses tax implications, waivers are fair, and confidentiality or reference terms are reasonable.

Additional Resources

County Labour Office Vihiga for reporting disputes, conciliation, and general labour advice. Judiciary of Kenya and the Employment and Labour Relations Court for filing and managing employment claims, including electronic filing. Federation of Kenya Employers for employer guidance on lawful termination. Central Organization of Trade Unions and sector unions for unionized employees seeking representation. Vihiga Huduma Centre and the State Department for Labour and Skills Development service desks for public labour services and referrals. Community justice centres and legal aid providers in Western Kenya for low cost or pro bono assistance.

Next Steps

Write down a clear timeline of events leading to the termination and collect all relevant documents such as contracts, payslips, notices, warning letters, and emails. Ask for your certificate of service and a final pay breakdown, including notice, leave days, and severance if applicable. File an internal appeal or grievance if your contract or employer policy provides one, and do so within the set timelines. Visit the Vihiga County Labour Office to lodge a complaint and explore conciliation. If conciliation does not resolve the matter, consult an employment lawyer about filing a claim in the Employment and Labour Relations Court that serves the region. Act promptly to avoid missing the three year limitation period, and keep records of all communications and meetings throughout the process.