Ever felt that chill when your boss gives you that look? You know, the one that says “si wewe tu”? The question “Can my boss fire me because they doesn’t like me?” is a real worry for many Kenyan workers.
We break down what the Employment Act says about unfair termination. Knowing your rights is your shield, so you can tell if you’re being treated unfairly or if it’s just office politics.
What the Kenyan Employment Act Says About Firing You
Your boss cannot just wake up and fire you because their mood changed. The law requires a valid and fair reason for termination. A common misconception is that being on a probation period means you have no rights—this is not true, as even probationary dismissal must be justified.
Valid Reasons for Termination
Valid reasons are things like gross misconduct, poor performance after warnings, or redundancy. For example, if you are consistently late to your job at a Nairobi supermarket despite written warnings, that could be a valid reason. Simply not being the boss’s favourite is not.
The Importance of a Fair Process
Even with a valid reason, the process must be fair. This usually means getting a show-cause letter and a disciplinary hearing where you can defend yourself. Skipping this fair process can make a termination unfair, and you could take the case to the Industrial Court.
What to Do If You Suspect Unfair Dismissal
If you feel you were fired unfairly, pole, but don’t just accept it. You have rights and specific steps to follow. Acting quickly and correctly is key to protecting yourself and seeking justice.
First, gather your evidence. This is not about gossip but solid proof. You should collect:
- Your employment contract and any recent payslips.
- Any written warnings or show-cause letters you received.
- Emails, WhatsApp messages, or memos that show the boss’s attitude or lack of a proper reason.
- Notes from any meetings, including dates and who was present.
Next, know where to go. Your first stop for advice is often a labour officer at your county’s labour offices. If that doesn’t resolve it, you can file a case with the Employment and Labour Relations Court. There are strict timelines, so don’t delay. For instance, you generally have three years from the date of dismissal to file a claim, but starting earlier is always better.
Common Pitfalls to Avoid When Facing Unfair Treatment
Quitting Before You Have a Case
Many people get frustrated and just resign, thinking it’s easier. This is a huge mistake, as resigning voluntarily often means you forfeit your right to claim unfair dismissal. Instead, let the employer terminate you if they must, so you can challenge the legality of their action.
Ignoring Written Communication
You might be angry and ignore a show-cause letter or invitation to a disciplinary hearing. This gives your employer a clear reason to fire you for “failure to follow procedure.” Always respond in writing, even if just to say you need more time to prepare, and keep a copy.
Relying Only on Verbal Promises
A boss might say “tutafutane mbele” or promise a good severance if you go quietly. Without this in writing and signed, it’s just hot air. Get every agreement documented. If they refuse to put it in writing, that’s your first red flag that they are not acting in good faith.
Waiting Too Long to Act
Thinking “nitapanga next week” can cost you. While you have up to three years to go to court, evidence disappears, witnesses forget, and your financial pressure mounts. Start the process with a labour officer as soon as possible to show you are serious and to get official guidance.
the Process: Practical Steps and Costs in Kenya
Seeking justice for unfair dismissal involves specific steps and some costs. Knowing these upfront helps you plan and avoids surprises that make you give up.
Your first practical step is to visit the labour office in the county where you worked. You can find the contact for your nearest office via the Ministry of Labour and Social Protection website or by visiting their headquarters along Ngong Road in Nairobi. There is no fee to file a complaint with a labour officer. They will summon your employer for conciliation, which is the first attempt to settle the matter out of court.
If conciliation fails, the next step is the Employment and Labour Relations Court. Filing a case here has a small fee, typically around KES 200. The bigger cost is time and potentially a lawyer. While you can represent yourself, it’s wise to at least consult an advocate specializing in employment law; an initial consultation might cost between KES 2,000 and KES 5,000. Remember, if you win, the court can order your employer to pay your lost wages and sometimes even your legal costs.
The Bottom Line
Your job security in Kenya is protected by law, not by your boss’s personal feelings. A dislike for you is not a valid reason for termination; there must be a fair reason followed by a fair process. Knowing this difference is your power.
If this situation feels familiar, don’t suffer in silence. Start by writing down every detail of what happened and gather your documents today. Share this article with a colleague who might need to know their rights too.
Frequently Asked Questions About Can my boss fire me because they doesn’t like me? in Kenya
What if I missed the deadline to respond to a show-cause letter?
Respond immediately, even if late. Explain your delay in writing and request a proper hearing. Ignoring it completely gives your employer a stronger case to terminate you for insubordination.
In your response, be polite but clear that you wish to exercise your right to be heard. This shows you are engaging with the process, which the court will consider.
How much does it cost to file a case at the Employment Court?
The court filing fee is relatively small, usually around KES 200. The bigger potential cost is for legal representation if you choose to hire a lawyer for the hearings.
Many advocates offer initial consultations for a few thousand shillings. Some trade unions or pro-bono legal aid organizations may also assist if you qualify.
Can the whole unfair dismissal process be done online?
Not entirely. While you can find information and forms on the Judiciary’s e-filing portal, key steps like conciliation with a labour officer and court hearings typically require physical attendance.
You may file initial documents online, but be prepared for in-person meetings. Always confirm the current procedure by contacting the relevant court registry directly.
How long does it take to get a ruling from the Labour Court?
It can take several months to over a year, depending on the court’s caseload and the complexity of your case. The initial conciliation at the labour office is faster, often within a few weeks.
Patience is required, but starting the process quickly helps as evidence is fresher and witnesses are easier to contact.
What should I do if my employer threatens me after I complain?
Document every threat immediately—write down dates, what was said, and any witnesses. Report the intimidation to the labour officer handling your case and consider making a report at your local police station.
This kind of retaliation is taken seriously and can significantly strengthen your claim of unfair treatment and bad faith by the employer.
