Imagine you show up to work, si rahisi, and your boss just hands you a termination letter with no reason given. That’s being fired with no explanation—a sudden, confusing end to your job.
This guide breaks down your rights under Kenyan labour law, what steps you can take next, and how to protect yourself. Knowing this information is your shield in a tough job market.
Your Legal Rights and the Correct Process
If you are fired without explanation, the law is on your side, but you must act correctly. Your first step is not to argue at the gate but to formally request a written statement of the reasons for your dismissal. This is your right under Section 44 of the Employment Act.
Here is what you are legally entitled to upon termination, provided the dismissal is unfair:
- Any unpaid salary up to your last day.
- Payment for any accrued but untaken leave days.
- A one-month notice pay if you were sent home immediately.
- Severance pay if you’ve worked for the company for more than one year and the reason for termination is not misconduct.
To pursue a claim, you must file a case with the Ministry of Labour through their offices or the eCitizen portal within three years of the dismissal. The labour officers will first attempt conciliation between you and your former employer. If that fails, the matter can be referred to the Employment and Labour Relations Court for a final decision.
Common Pitfalls to Avoid After a Sudden Dismissal
Signing Documents Without
Many employers pressure you to sign a “voluntary resignation” or a “mutual separation” letter on the spot. Never sign anything you don’t fully agree with or that waives your rights. Take the documents home, read them carefully, and seek advice first.
Assuming You Have No Case Because of Probation
Even if you were on probation, you cannot be fired without a valid reason. The employer must still prove that your performance was unsatisfactory and that they gave you some form of evaluation or warning. Your probation period does not make you powerless.
Delaying Your Action Until It’s Too Late
While you have up to three years to file a claim, waiting weakens your case. Evidence disappears, and witnesses forget. Start the process by reporting the matter to the nearest Labour Office or filing online via eCitizen as soon as you can gather your basic documents.
Badmouthing Your Former Employer Publicly
Venting on social media or to colleagues can backfire and be used against you in a labour dispute. It’s better to keep the matter professional and channel your energy into the formal legal process to get the justice you deserve.
the Kenyan Labour Office Process
Once you decide to take action, your first stop should be the nearest Sub-County Labour Office. Don’t be intimidated; this is a free government service. Go prepared with your original employment contract, your national ID, the termination letter (if you got one), and your payslips. These documents are your evidence.
The process typically follows these steps:
- File a complaint at the Labour Office. You can also initiate this online via the eCitizen portal under the Ministry of Labour services.
- A labour officer will summon your former employer for a conciliation meeting. This is like a mediation session to try and settle the matter amicably.
- If conciliation fails, the officer will write a report and issue a certificate allowing you to file a case at the Employment and Labour Relations Court. The filing fee for this is currently KES 1,000 for employees.
A key tip: Be persistent and follow up. Government offices can be slow, so politely check on your case status every few weeks. Also, keep records of every interaction, including the names of officers you speak to and dates. This diligence shows you are serious and helps move things along.
The Bottom Line
Being fired without a reason is not the end of the road. Your rights as a Kenyan worker are protected by law, and the burden is on your employer to prove the dismissal was fair. Knowing this is your first step to getting justice.
If this has happened to you, don’t suffer in silence. Gather your employment documents today and visit the nearest Sub-County Labour Office to start the process of claiming what is rightfully yours.
Frequently Asked Questions About Fired with no explanation in Kenya
Can I file a labour case online, or must I go to the office physically?
Yes, you can start the process online. The primary way is through the Ministry of Labour services on the eCitizen portal. You can lodge your complaint and upload supporting documents from home.
However, for conciliation meetings and to submit original documents for verification, you will likely need to visit the Labour Office in person at some stage.
How long does the entire process take, from filing to getting a decision?
The timeline can vary widely depending on the caseload at the Labour Office and the court. The conciliation stage at the Labour Office can take anywhere from a few weeks to several months.
If the case goes to the Employment and Labour Relations Court, it could take over a year to get a final judgement, so patience is key.
What if my former employer refuses to attend the Labour Office summons?
The labour officer will typically issue several summons. If the employer consistently ignores them, the officer will note this and can proceed to issue a certificate allowing you to file a case in court.
Their refusal to cooperate actually strengthens your case for unfair dismissal, as it shows they are not willing to engage in the fair process required by law.
Are there any costs involved, and can I get my legal fees back if I win?
Filing a complaint at the Labour Office is free. If you proceed to court, the filing fee for an employee is KES 1,000. You may also choose to hire a lawyer, which is an additional cost.
If you win your case, the court can order your former employer to compensate you and may also award a portion of your legal costs, but this is not guaranteed.
What should I do if I can’t find my original employment contract or payslips?
Don’t let this stop you from filing a case. You can still proceed with what you have, like your national ID, any termination letter, or even bank statements showing salary deposits.
Explain the situation to the labour officer. Witness statements from former colleagues can also serve as evidence to support your claim about your terms of employment.
