Employment & Labour

OLM Law Advocates LLP is an employment law firm in Kenya advising employers and employees across all sectors on the full employment lifecycle. We handle employment contracts and handbooks, executive compensation, restructuring and redundancy programmes, unfair-termination defence and claimant litigation in the Employment and Labour Relations Court (ELRC), workplace investigations, HR compliance audits and trade-union negotiations under the Employment Act, the Labour Relations Act and the Work Injury Benefits Act.

OLM Law Advocates LLP provides specialist employment and labour law advice to multinational corporations, local employers, and senior executives across Kenya. Our team is led by a partner recognised for employment law expertise, and we advise on the full lifecycle of the employment relationship — from hiring and contracts to termination and post-employment obligations.

We represent clients in the Employment and Labour Relations Court (ELRC) on wrongful dismissal claims, unfair termination disputes, and collective bargaining matters. We also advise on compliance with the Employment Act, 2007 (No. 11 of 2007), the Labour Relations Act, 2007, and the Work Injury Benefits Act.

Our employment practice is closely integrated with our corporate and data protection teams, enabling us to advise on executive share schemes, data protection in the workplace, and employment aspects of corporate transactions.

Employment & Labour Lawyers in Kenya

Comprehensive employment and labour law advice for employers across all sectors.

Employment contracts and handbooks, executive compensation, restructuring and redundancy programmes, unfair-termination defence and claimant litigation in the Employment and Labour Relations Court (ELRC), workplace investigations, HR compliance audits and trade-union negotiations under the Employment Act, the Labour Relations Act and the Work Injury Benefits Act.

What we advise on

We advise on the employment lifecycle from hire to exit: contracts of service, executive service agreements and incentive plans, staff handbooks and policies, restructuring and redundancy, disciplinary and grievance processes, workplace investigations, TUPE-style business transfers, and the defence and prosecution of claims in the Employment and Labour Relations Court. We also conduct HR compliance audits and advise on trade-union recognition and collective bargaining.

Governing law and regulators

Our advice is grounded in the Employment Act 2007, the Labour Relations Act, the Work Injury Benefits Act (WIBA), the Occupational Safety and Health Act and the regulations governing NSSF and the social health insurance scheme (SHIF). Disputes are heard in the Employment and Labour Relations Court (ELRC).

Key legislation:

• Employment Act, 2007 (No. 11 of 2007) — Primary legislation governing employment contracts, termination, and working conditions
• Labour Relations Act, 2007 — Trade union recognition, collective bargaining, and industrial action
• Work Injury Benefits Act, 2007 — Compensation for work-related injuries and occupational diseases
• Occupational Safety and Health Act, 2007 — Workplace health and safety obligations
• Employment and Labour Relations Court Act — Jurisdiction and procedure of the ELRC

Who we act for

We act for employers — from multinationals and their Kenyan subsidiaries to fast-growing local businesses, NGOs and public bodies — and, selectively, for senior executives on exit and dispute matters. Our employer clients value advice that is compliant but also commercial about workforce cost and risk.

Why OLM for employment and labour

Employment missteps are expensive and public. We get the documentation right at the outset, we run lawful processes that survive ELRC scrutiny, and when a dispute is unavoidable we litigate it efficiently rather than letting it drift.

Clients choose OLM for:

• Partner-led employment practice with deep Kenyan labour law expertise
• Regular representation in the Employment and Labour Relations Court
• Integrated employment, corporate, and data protection advisory
• Experience advising multinational employers and senior executives

Employment Law Services for Employers & Employees in Kenya

Unfair Dismissal, Redundancy & ELRC Tribunal Representation

Labour Relations & HR Compliance in Kenya

For a plain-English overview of the statutory framework, see our detailed guide to labour laws in Kenya, covering employment contracts, employee rights, termination and redundancy. The answers below address common employer and employee questions.

Our services

Employment Contracts & Policies

Drafting and review of employment contracts, employee handbooks, workplace policies, restrictive covenants (non-compete and non-solicitation clauses), and executive service agreements compliant with the Employment Act, 2007.

Disciplinary & Grievance Procedures

Design and implementation of fair disciplinary and grievance procedures, representation in internal hearings, and advice on procedural compliance to minimise litigation risk.

Workplace Disputes & ELRC Litigation

Representation in the Employment and Labour Relations Court on unfair termination, constructive dismissal, discrimination, harassment, and wage claims.

Restructuring & Redundancy

Legal advice on workforce reductions, redundancy procedures under the Employment Act, collective redundancies, voluntary separation programmes, and settlement agreements.

Executive Compensation & Share Schemes

Design and implementation of executive remuneration structures, employee share ownership plans (ESOPs), phantom share schemes, and bonus arrangements.

Collective Bargaining & Trade Unions

Advice on collective bargaining agreements, trade union recognition, industrial action, and representation before the Industrial Court and the Ministry of Labour.

Frequently asked questions

What is the lawful redundancy process in Kenya?

The Employment Act requires notice to the employee and, where a trade union is recognised, to the union; consultation and selection using fair, objective criteria; payment of statutory severance (15 days’ pay per completed year of service); and exploration of alternatives to redundancy. We advise on and manage the full process.

What are the limits on fixed-term employment contracts in Kenya?

Fixed-term contracts are permitted but may be converted to permanent employment if renewed repeatedly without genuine justification. Courts look at the substance of the relationship, not just its label. We advise on compliant fixed-term arrangements and renewal policies.

Can an employer conduct a workplace investigation in Kenya?

Yes. Employers have both the right and the duty to investigate misconduct, harassment and fraud allegations fairly, confidentially and promptly. We advise on investigation design, manage sensitive cases and produce investigation reports that withstand challenge in the ELRC.

What are the grounds for fair termination under the Employment Act, 2007?

Under the Employment Act, 2007, an employer may fairly terminate employment for: (1) poor performance after a fair procedure; (2) misconduct following a disciplinary hearing; (3) operational requirements (redundancy); (4) incapacity (ill health or injury); or (5) completion of a fixed-term contract. The employer must provide valid reason and follow fair procedure. Failure to do so may result in a finding of unfair termination, with remedies including reinstatement or compensation (up to 12 months’ gross salary).

What notice period is required for termination in Kenya?

Notice periods under the Employment Act vary by contract type and duration of service. For contracts of indefinite duration, the statutory minimum notice is: 7 days (if paid weekly), 28 days (if paid monthly), or as specified in the contract (whichever is longer). For senior executives, notice periods of 1-3 months are common. Payment in lieu of notice is permitted. We advise on appropriate notice periods and draft termination letters that comply with statutory requirements.

Can an employer enforce a non-compete clause in Kenya?

Non-compete clauses in employment contracts are generally unenforceable in Kenya under section 15 of the Employment Act, 2007, which provides that every employee has the right to resign and seek employment elsewhere. However, employers can protect confidential information and trade secrets through confidentiality clauses and non-solicitation clauses (which may be enforceable if reasonably limited in scope and duration). We draft restrictive covenants that maximise enforceability under Kenyan law.

How do I file a claim in the Employment and Labour Relations Court?

Claims in the ELRC are initiated by filing a statement of claim, together with supporting documents and the applicable filing fee. The ELRC has jurisdiction over all employment-related disputes, including unfair termination, discrimination, trade union matters, and work injury claims. The Court has a mandatory mediation stage before the matter proceeds to a hearing. We represent both employers and employees in ELRC proceedings, from initial filing through to hearing and appeal.

What should be included in an employment contract in Kenya?

Under the Employment Act, 2007, every employment contract must include: the name, age, and permanent address of the employee; the name and address of the employer; the job description; the date of commencement; the form and duration of the contract; the place of work; the hours of work; remuneration and benefits; leave entitlements; and notice period. We draft comprehensive employment contracts that go beyond statutory minimums to address confidentiality, intellectual property, data protection, and post-employment obligations.

Explore Related Services

Industry sectors we advise in this area: All Industry Sectors · Manufacturing & Industrials · NGOs & Development Partners

Related practice areas: Immigration · Corporate & Commercial · Dispute Resolution & ADR

Related reading: Redundancy: Employer Obligations in Kenya · Workforce Transitions in Kenya

See also: Representative Matters · Our Lawyers · All Practice Areas