JMK Partners Advocate

Employment Law and Labour Relations

The employment and labour laws landscape in Kenya has considerably changed in the recent year. Quite a number of obligations have been imposed by statute on employers and there are serious attendant sanctions for non-compliance. The interpretation given by our courts on some statutory provisions have been momentous. At JMK we are always keeping tabs of the emerging jurisprudence from our courts and best practice from other jurisdictions in order to advise our clients to avoid or minimize liability. 

Our expertise extends to advising and representing clients in all aspects of employment law. We represent both employers and employees on contentious matters under our litigation department whereby we handle employment claims relating to breach of contract claims, unfair employment practices, work injury benefits claims, unlawful dismissal, redundancy claims, and constructive dismissal among others.

Under our commercial department we handle non-contentions matters including drafting of employee contracts, drafting and reviewing human resource polices and manuals.

The Firm also advises on managing of employee-exits, post-termination restrictions, advice on collective bargaining and negotiations, secondment, outsourcing and transfer of employees. We also offer consultancy services on the changes in the legal framework, revision of minimum wages as well other labor related issues including collective bargaining agreements, tax related issues, employee share ownership schemes, registration under National Social Security Fund (“NSSF”), National Hospital Insurance Fund (“NHIF”) and National Industrial Training Authority (“NITA”).

Some notable transactions:

  • The Firm has successfully represented many individuals on claims of unfair dismissal termination and conversely defended its corporate clients successfully.
  • The Firm acted for Helen Keller International in reviewing the Human Resource (HR) Policies and providing recommendations/legal opinion on how to align the HR Policies with the applicable local & international employment laws as well as court precedent addressing employment matters.
  • The Firm is currently assisting a multinational company in setting up in Kenya and among other services the Firm is offering is employment law services which include drafting of the master template employment contracts, drafting or review of the Human Resources Polices, Procedures and Manuals as well as attending to registrations under the National Social Security Fund (“NSSF”), National Hospital Insurance Fund (“NHIF”) and National Industrial Training Authority (“NITA”).