Mutonyi Mulama & Company Advocates

EMPLOYMENT LAW

Practice Areas

EMPLOYMENT LAW

EMPLOYMENT LAW

We provide comprehensive legal services in Employment and Labour Law, advising both employers and employees on rights, obligations, and dispute resolution within the Kenyan workplace. Employment relationships are central to economic and social stability, and disputes arising from them often carry significant legal, financial, and reputational consequences. We therefore adopt a balanced, practical, and solutions-oriented approach, combining legal precision with a clear understanding of workplace dynamics.

 

Employment Advisory and Compliance

We advise employers and employees on employment relationships from inception to termination. This includes guidance on lawful recruitment practices, probation, confirmation, workplace policies, disciplinary procedures, and statutory compliance. Our advisory services are designed to prevent disputes by ensuring that employment arrangements comply with Kenyan labour laws and best practices.

 

Employment Contracts and Workplace Policies

We draft, review, and advise on contracts of employment, consultancy agreements, fixed-term contracts, and senior management contracts. We also assist in the development and review of workplace policies, including disciplinary codes, grievance procedures, human resource manuals, and codes of conduct, ensuring alignment with statutory and constitutional standards.

 

Unfair Termination and Unlawful Dismissal

We represent clients in disputes arising from unfair termination, summary dismissal, and constructive dismissal. Our services include legal assessment of termination processes, preparation and defence of claims, and representation before the Employment and Labour Relations Court. We act for both employees seeking redress and employers defending claims, with a focus on procedural fairness and substantive justification.

 

Redundancy and Restructuring

We provide legal support in matters involving redundancy and organisational restructuring, advising on statutory requirements, consultation processes, severance pay, and notice obligations. Our role is to ensure that redundancy processes are conducted lawfully, transparently, and in compliance with labour laws to minimise legal exposure.

 

Employment Disputes and Litigation

We represent clients in employment disputes before the Employment and Labour Relations Court, including claims relating to termination, discrimination, unpaid dues, breach of contract, and enforcement of employment rights. Our litigation practice is strategic and well-prepared, focused on achieving fair and timely resolution of disputes.

 

Disciplinary and Grievance Processes

We advise and represent employers and employees in disciplinary hearings and internal grievance procedures. This includes guidance on due process, representation during hearings, and legal review of disciplinary outcomes to ensure compliance with the law and principles of natural justice.

 

Employment Appeals and Enforcement

We handle employment appeals, reviews, and enforcement of court awards, including recovery of decretal sums and compliance with court orders. Our appellate work focuses on identifying errors of law or procedure and advancing strong legal arguments before appellate forums.

 

Alternative Dispute Resolution in Employment Matters

Where appropriate, we encourage the use of conciliation, mediation, and negotiation to resolve employment disputes. Alternative dispute resolution mechanisms often provide faster, cost-effective, and less adversarial outcomes, preserving professional relationships while achieving lawful settlement.