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Supreme Court gives Guidance on Disciplining Employees Toward the end of 2023, the Supreme Court issued a decision[1] in relation to a 2011 go-slow by gantry operators resulting in a crisis at the Mombasa port. The employer, Kenya Ports Authority (KPA), took disciplinary action against the respondents. The case was heard and determined by the...

Introduction The Pension industry in the last decade has undergone many changes. In tandem with those changes, the sector has grown significantly and is currently estimated to be managing assets in excess of Kenya Shilling one trillion. Obviously, such a significant sector is always being scrutinised by policy makers albeit not always with good results....

Introduction A recent judgment by the Employment Court has blurred the line between employment disputes and constitutional violations.[1] The aggrieved employee claimed unfair termination and violation of his rights to fair labour practices and fair administrative action under the Constitution. He claimed his employer had disregarded his explanations on the causes of his unsatisfactory performance...

In 2022, the Employment and Labour Relations Court invalidated the 2013 National Social Security Fund Act for being unconstitutional. You can find our analysis of the judgement here. This decision was appealed to the Court of Appeal which on February 03, 2023 found that: The Labour Court lacked authority to hear the case because the...

The Senate has published for public participation the Employment (Amendment) Bill 2021 (the “Bill”). The Bill seeks to provide for employees’ right to disconnect. The Bill defines the right to disconnect as the right of an employee not to be contacted by the employer outside agreed working hours. The Bill defines ‘out of work hours’...

We discuss the salient features of the Private Security (General) Regulations, 2019 which were gazzetted on July 05, 2019 by the Cabinet Secretary for Interior and Coordination for National Government.