Remedies for Summary Dismissal in Kenya: What You Need to Know

Summary dismissal is the most severe form of termination in Kenya — immediate firing without notice or payment in lieu of notice, usually for gross misconduct. But what happens if you believe your summary dismissal was unfair?

The good news: Kenyan labor laws offer strong remedies if you’ve been dismissed unlawfully! At Ultimate Forensic Consultants, we help employees and employers navigate dismissal disputes fairly and professionally.

Let’s dive into your legal options and remedies for summary dismissal in Kenya!

⚖️ 1. What is Summary Dismissal in Kenya?

✅ Summary dismissal is the immediate termination of employment without notice or pay in lieu of notice, usually for serious misconduct.

👉 Governed by Section 44 of the Employment Act, 2007.
👉 Even though the dismissal is immediate, the employer must follow due process, including a disciplinary hearing.

✨ Key point: If an employer skips due process or dismisses without valid reason, the summary dismissal becomes unfair and unlawful.

🚩 2. When is Summary Dismissal Unfair?

A summary dismissal is unfair if:

🚫 No valid reason was given (e.g., minor mistakes or unproven accusations).
🚫 No disciplinary hearing took place.
🚫 The punishment was disproportionate to the alleged misconduct.
🚫 It was discriminatory (based on gender, race, religion, or pregnancy).
🚫 It was retaliatory (for whistleblowing or filing a complaint).

👉 In such cases, you have the right to seek legal remedies!

🛡️ 3. Remedies for Summary Dismissal in Kenya

If you believe you were unfairly dismissed, here’s what you can do to get justice!

✅ 1. Internal Appeal

👉 Step 1: File a Formal Appeal with Your Employer

Most companies allow employees to appeal dismissals within 5–14 days.
Submit a formal appeal letter outlining why you believe the dismissal was unfair.
Request reinstatement, compensation, or a fair hearing.

✨ Pro tip: Clearly reference any breaches of company policy or the Employment Act, 2007 in your letter.

✅ 2. Payment for Days Worked and Accrued Leave

👉 Even after summary dismissal, you are legally entitled to:

Salary for days worked up to the dismissal date.
Payment for any accrued and unused leave days.
Overtime and commission earned before dismissal.

🚫 What you don’t get:

Notice pay or severance pay (unless specified in your contract or in redundancy cases).

✅ 3. Certificate of Service

👉 Under Section 51 of the Employment Act, every dismissed employee — regardless of the reason — is entitled to a certificate of service.

✔️ This certificate confirms your period of employment and job title.
✔️ The employer cannot legally include negative remarks about the dismissal.

✨ Why it matters: A certificate of service protects your future job prospects.

✅ 4. Labour Office Complaint

👉 Step 2: File a Complaint with the Ministry of Labour

If your employer ignores your appeal, file a formal complaint with the nearest Labour Office.
The Labour Officer will mediate between you and your employer.

✨ What they can do:

Order payment of your final dues.
Determine if the dismissal was unfair.
Recommend reinstatement or compensation.

✅ 5. Employment and Labour Relations Court (ELRC)

👉 Step 3: File a Legal Claim for Unfair Dismissal

If internal and Labour Office remedies fail, take your case to the Employment and Labour Relations Court (ELRC).
The ELRC has jurisdiction over wrongful termination and summary dismissal cases in Kenya.

✨ Possible outcomes:

✅ Reinstatement – Get your job back, with full pay for the period of dismissal.
✅ Compensation – Up to 12 months’ salary for wrongful dismissal.
✅ Payment of lost wages and emotional distress damages.

✅ 6. Negotiate a Mutual Separation Agreement

👉 If you want to avoid a long legal battle, you can negotiate a mutual separation agreement with your employer.

✨ This may include:

Severance pay.
A neutral job reference to protect your future career.
A confidentiality agreement, preventing both parties from speaking negatively about each other.

🔍 4. Sample Appeal Letter for Summary Dismissal

[Your Name]
[Your Job Title]
[Company Name]
[Company Address]
[Date]

To: [HR Manager’s Name]
[Company Name]

Subject: Appeal Against Summary Dismissal

Dear [HR Manager’s Name],

I am writing to formally appeal my summary dismissal from [Company Name] on [Date of Dismissal]. I believe that the decision was unfair, and I request a fair review of my case for the following reasons:

1️⃣ Lack of Due Process: I was not given a disciplinary hearing or an opportunity to respond to the allegations before my termination, which violates Section 41 of the Employment Act.

2️⃣ Insufficient Evidence: The reason given for my dismissal—[State Allegation]—was based on incomplete information. I have attached supporting documents that clarify my role in this matter.

3️⃣ Disproportionate Punishment: I believe that immediate dismissal was excessively harsh, considering my [Number of Years] of service and my positive performance record.

I respectfully request that my dismissal be reconsidered, and I am open to discussing alternative resolutions such as reinstatement or a mutual separation agreement.

Thank you for your time and attention to this matter. I look forward to your response.

Sincerely,
[Your Signature (if printed)]
[Your Full Name]
[Your Contact Information]

📢 Tip: A calm and fact-based appeal can lead to reinstatement, a fair settlement, or compensation!

🏆 5. How Ultimate Forensic Consultants Can Help

At Ultimate Forensic Consultants, we specialize in:

🛡️ Drafting Strong Appeal Letters – Highlighting legal violations and procedural errors.
🛡️ Filing Legal Claims for Unfair Dismissal – Representing employees in court to seek compensation or reinstatement.
🛡️ Defending Against Unfair Summary Dismissals – Ensuring companies follow due process.
🛡️ Providing Legal & HR Support to Employers – Helping companies avoid wrongful dismissal lawsuits.

📞 Fired unfairly? Let us help you get justice! Contact Ultimate Forensic Consultants today!

🎯 6. Conclusion

✅ Summary dismissal remedies in Kenya include internal appeals, payments for accrued benefits, Labour Office complaints, and court claims for compensation or reinstatement.
✅ Employees have strong legal protections — if your dismissal was unfair, you have options!
✅ Employers who follow due process and act fairly can avoid wrongful dismissal lawsuits.

📞 Need help with a summary dismissal case? Contact Ultimate Forensic Consultants today!

🙋‍♀️ FAQs

1. Can I get compensation after summary dismissal?
✅ Yes! If the dismissal was unfair, you can get compensation for lost wages, emotional distress, and damages — up to 12 months’ salary under Kenyan law.

2. Can I be reinstated after summary dismissal?
✅ Yes! The Employment and Labour Relations Court can order reinstatement if due process wasn’t followed.

3. How long do I have to file a claim for unfair dismissal?
✅ You have three years to file a wrongful dismissal claim with the Employment and Labour Relations Court.

📢 Let Ultimate Forensic Consultants fight for your rights!