Unfair Dismissal Checker Kenya
Answer a short series of questions about why your employment ended and the process your employer followed. The checker highlights issues that may need legal review — it does not decide your case.
Check the dismissal process
About 3–5 minutes. The result is a preliminary issue map, not a legal finding or prediction of court success.
How the checker uses Kenya's unfair-termination framework
The checker is built around the statutory distinction between the reason for termination and the procedure used. Section 43 requires an employer to prove the reason or reasons for termination, while section 45 treats a termination as unfair if the employer cannot prove a valid and fair reason and a fair procedure.
Notification and hearing
Section 41 deals with notification and hearing before termination for misconduct, poor performance or physical incapacity. It requires the reason under consideration to be explained in a language the employee understands and recognises the employee's right to have another employee or shop-floor union representative present. The employer must hear and consider the employee's representations before the decision.
Reasons that should not be used
Section 46 lists reasons that do not constitute fair reasons for dismissal or disciplinary penalty, including pregnancy, lawful leave, trade-union activity, specified discrimination grounds, certain complaints or legal proceedings against the employer, and participation in a lawful strike.
Burden of proof
Under section 47(5), the employee bears the burden of proving that an unfair termination or wrongful dismissal occurred, while the employer bears the burden of justifying the grounds for the termination or dismissal.
Possible remedies
Section 49 gives the court a range of remedies. Compensation may be awarded up to a statutory maximum of twelve months' gross wages or salary, but it is discretionary rather than automatic and depends on the statutory factors and facts of the case.
Time limits matter
Section 47 provides a labour-officer complaint route within three months of dismissal. Section 90 generally requires civil claims arising from the Employment Act or a contract of service to be commenced within three years, with a separate rule for continuing injury. Users should obtain advice early rather than wait for a limitation deadline.
Probation requires caution
The statutory text contains special provisions for probationary contracts. Kenyan courts have also considered constitutional and fair-labour-practice questions concerning probation, and decisions have not always been expressed uniformly. The checker therefore treats probation as a special review route instead of issuing a yes/no conclusion.