For the past month, I have shared simplified Kenyan Labour Laws on employment issues like;
As a result, I have had a lot of questions specifically from people who have lost their jobs and want to sue or seek justice. I have hence put together all those questions and answered them in the hope that it will help anyone who wants to seek justice too or for those who just want to be informed about their rights under the Kenyan Labour Laws.
1. I have just lost my job, where do I get the money to sue my Employer?
Under the Law, you can enter into an agreement with the Lawyer whereby you agree that the lawyer will handle your case and after the court has settled the matter and awarded you your costs. The advocate will take 30 per cent of that court settlement fee.
As a result of this, you do not need to have the money upfront to be able to sue your employer.
2. How do I know that I will win my Case?
Before you file your case in court, a lawyer can write you a legal opinion which is basically a preview of how your case will go, subject to the Law. As a result of this, you will know the chances of your case winning or not, right from the beginning.
3. There are Many backlog cases in court, my case may take forever?
Remember, despite the fact that there are many cases in court, here is a specific court set aside for employment and labour issues which is the Employment and Labour Court.
4. I feel that since there was a pandemic my employer had no choice but to fire me?
Yes. There might have been a pandemic but do you know that there is a stipulated procedure under the Kenyan Labour Laws that your employer is supposed to follow even if situations are tough like the pandemic? was that followed? If your answer is no, then you have a right to sue even though there was a pandemic. A pandemic should not be an excuse from the employer to violate your rights.
5. What if, My salary was reduced, but I cannot sue my employer because I still Need my Job?
As I have stated, before making any move first get a legal opinion from a lawyer who will give you a preview of how your case might go if you are to sue your employer. This way while making such a tough decision you will already know what to expect.
In addition, subject to the Kenyan Labour Laws, If your employer fires you because of suing or filing a complaint against him or her, this will be termed as unfair termination and you can sue your employer for it.
6. Is it worth it for me to pursue my employer, for unfair termination or should I just focus on my next move?
Yes. It is totally worth it. Remember as an employee you have also sacrificed to work in that company, so if the right procedures are not followed by your employer, you have all the right to sue.
Remember these laws were placed here to protect you and ensure that your rights are not infringed in any way, no matter the situation.
I hope this has answered any question you had, if not you can put down your question in the comment section and I will get back to you. Or you can fill in the free case evaluation form or contact us through our email info@ruthtanuiadvocates.co.ke or 0714 457082
If you are interested in getting a PDF format of Simplified Kenyan Labour Laws on Employment Issues specifically Redundancy, salary reduction and Unfair termination. You can also fill the Quick Contact form, just fill in your Email, on the Message part write ‘Free Pdf Document” and we will send it to you.
