In Kenya, an employer who fires a worker must be able to prove a genuine and fair reason for doing so. If it cannot, the dismissal is treated as unfair. It is not enough for the employer to say it had a reason. It has to show it.
What the law asks of the employer
Section 43 of the Employment Act says the employer must prove the reason or reasons for ending a worker’s job. If it fails to do so, the termination is deemed unfair.
Section 45 adds more. A termination is unfair if the employer fails to show two things:
- that the reason was valid and fair, and
- that the dismissal was done in accordance with a fair procedure.
The reason must relate to the worker’s conduct, capacity or compatibility, or be based on the employer’s operational requirements. A reason outside those categories does not meet the standard.
Who has to prove what
Section 47(5) shares the burden between the two sides. The worker must show that an unfair termination happened, meaning that they were dismissed and are complaining about it. The employer must then justify the grounds for the dismissal.
So the question is not whether the worker can disprove whatever the employer says. The question is whether the employer has shown a real and fair basis for ending the job. A reason that is simply stated, with nothing to back it up, does not count.
A dismissal is also not decided in a flash. A court looks at all the evidence from both sides before deciding.
What a worker may be entitled to
Section 49 lists remedies where a dismissal is found unfair. These include compensation of up to twelve months’ gross salary, as well as notice pay and other dues. Whether any of these apply, and how much, depends on the facts of each case.
Practical steps
- Ask for the reason for your dismissal in writing.
- Keep copies of your contract, payslips, letters, warnings and messages from your employer.
- Write down the dates and what was said at any meeting about your job.
- Speak to an advocate early, so that you understand where you stand on your own facts.
If you are an employer, the same rule works in reverse. Before ending someone’s employment, be clear about the reason, be able to show it with records, and follow a fair procedure.
📚 Wachira v Standard Group Ltd [2026] KEELRC 14695 (KLR)
Entertainment and general information, not legal advice. For advice on your own situation, speak to an advocate.