Workplace Legal Support
Okoth & Co. Advocates delivers expert Employment & Labour Law solutions tailored to both employers and employees. From drafting robust employment contracts and HR policies to advising on termination, redundancies, non‑compete clauses, and workplace investigations, we ensure compliance with Kenya’s Employment Act. We also represent clients in employment-related disputes—covering wrongful dismissal, discrimination, wage compliance, collective bargaining negotiations, and labour tribunals.
Our team’s deep experience helps navigate complex redundancies, union actions, executive exits, and safety regulations, providing proactive legal counsel that safeguards your rights, maintains workforce harmony, and supports business stability in today's dynamic employment landscape.
Frequently Asked Questions
Before effecting redundancies, Kenyan law requires a fair selection process, meaningful consultations with affected employees or unions, issuance of notice, and payment of severance benefits. Employers must document the rationale—whether economic, technological, or operational—and demonstrate alternatives were considered.
Yes—provided the clause is reasonable in scope (duration, geography, and activities), necessary to protect legitimate business interests, and compensated. Overly broad non-compete agreements are likely voidable by courts.
Termination is wrongful if it lacks valid reasons (such as gross misconduct or fair redundancy), fails to follow due process, or breaches contract or statutory notice/severance obligations. Victims may seek reinstatement or compensation.
Collective bargaining agreements (CBAs) negotiated by unions set binding terms for wages, benefits, grievance handling, and working conditions within the bargaining unit. CBAs override individual contracts and must be honoured by employers.