Employment Lawyers in Kenya — Labour Law Legal Services

OLM Law provides expert legal counsel and representation through our specialist employment lawyers in Kenya, advising both employees and employers on the full range of employment and labour law matters. We handle employment contracts, termination disputes, redundancy, ESOPs and comprehensive HR policy development.

We offer in-depth guidance on employee and employer rights and obligations, addressing key issues in business sales, mergers, and acquisition transactions. Our extensive expertise in Kenyan employment law positions us to assist clients in every aspect of the legal landscape, paving the way for workplaces that thrive in productivity, harmony, and legal compliance.

Our bespoke approach ensures that each client receives personalized advice and representation. This tailored service is crucial for success in the fast-evolving field of employment relations in Kenya. By empowering businesses to effectively navigate employment regulations, we help foster a positive workplace culture that remains compliant with the law and conducive to growth.

Related Practice Areas: Litigation & ADR | Business Registration | Corporate & Commercial Law

Employment Law Representation in Kenya

Employment Law Framework in Kenya

Employment law in Kenya is governed by a comprehensive legislative framework, including the Employment Act 2007, the Labour Relations Act 2007, the Work Injury Benefits Act (WIBA) 2007, the Occupational Safety and Health Act 2007, and the National Industrial Training Authority Act. Together, these statutes set minimum standards for employment contracts, termination procedures, dispute resolution, workplace safety, and workers’ compensation.

Key areas of employment law in Kenya addressed by OLM Law include:

• Employment contracts — drafting and reviewing employment contracts, executive service agreements, and independent contractor agreements to ensure compliance with the Employment Act 2007
• Termination and redundancy — advising employers and employees on lawful termination procedures, redundancy processes under Section 40 of the Employment Act 2007, and the calculation of severance pay
• Discrimination and harassment — advising on obligations under the Employment Act 2007 and the Sexual Offences Act relating to workplace discrimination, sexual harassment, and equal opportunity
• Employee Share Ownership Plans (ESOPs) — advising on the design, documentation, and tax treatment of ESOPs under the Income Tax Act and Capital Markets regulations

Employment Disputes and the Employment and Labour Relations Court

The Employment and Labour Relations Court (ELRC) has exclusive original jurisdiction over all employment and labour disputes in Kenya under the Employment and Labour Relations Court Act 2011. Appeals from the ELRC lie to the Court of Appeal.

OLM Law’s employment lawyers in Kenya represent both employers and employees in:

• Unfair dismissal claims — prosecuting and defending claims for unfair and wrongful termination before the ELRC, including claims arising from constructive dismissal
• Wage and benefits disputes — advising on compliance with minimum wage orders and enforcing payment of wages, overtime, and statutory benefits
• Collective bargaining — advising employers on collective bargaining agreement (CBA) negotiations with trade unions registered under the Labour Relations Act 2007
• Injunctions in labour disputes — applying for and opposing injunctions to restrain industrial action or enforce employment obligations during ongoing disputes

Human Resources Compliance and Workplace Policies in Kenya

Beyond dispute resolution, OLM Law assists organisations in building legally compliant HR frameworks that mitigate employment risk in Kenya. Our employment lawyers in Kenya advise on:

• Drafting HR policy manuals, disciplinary procedures, and grievance-handling frameworks that comply with the Employment Act 2007
• Advising on data protection obligations relating to employee personal data under the Data Protection Act 2019
• Structuring expatriate employment arrangements, including work permit applications and compliance with NSSF and NHIF contribution requirements
• Advising on the legal implications of business sales, mergers, and outsourcing transactions for employees and their terms of employment