Summary Dismissal in Kenya: A Complete Guide

Summary dismissal is one of the most severe forms of employment termination, and in Kenya, it’s governed by the Employment Act, 2007. When handled lawfully, it allows an employer to fire an employee immediately—without notice or pay in lieu of notice—but only for gross misconduct.

At Ultimate Forensic Consultants, we help both employees and employers navigate summary dismissals to ensure fairness, legal compliance, and proper resolution.

Let’s break down everything you need to know about summary dismissal in Kenya, including your legal rights, employer responsibilities, and how to challenge an unfair dismissal!

1. What is Summary Dismissal?

✅ Summary dismissal is when an employer terminates an employee’s contract immediately, without giving prior notice or payment in lieu of notice.

⚖️ This form of dismissal is legal under Section 44 of the Employment Act (2007) in Kenya, but only under specific conditions of gross misconduct.

👉 Unlike regular dismissal, summary dismissal requires:

A valid and justifiable reason.
Due process, including a disciplinary hearing.

📢 Important: Even though it’s immediate, summary dismissal doesn’t mean the employer can skip fair disciplinary procedures!

2. Legal Grounds for Summary Dismissal in Kenya

According to Section 44(4) of the Employment Act, these are the key reasons for lawful summary dismissal:

🚩 1. Theft or Fraud:

Stealing company property.
Falsifying records or engaging in fraudulent activities.

🚩 2. Physical Assault or Violence:

Fighting, assaulting, or threatening colleagues, management, or clients.

🚩 3. Gross Negligence:

Deliberate or reckless disregard for your duties, leading to loss, damage, or risk.

🚩 4. Drunkenness or Drug Use:

Being intoxicated or under the influence of drugs during working hours.

🚩 5. Insubordination:

Openly defying lawful instructions from management or supervisors.

🚩 6. Breach of Confidentiality:

Sharing sensitive company information with competitors or unauthorized parties.

🚩 7. Absenteeism:

Absence from work for multiple days without permission or a valid reason.

📢 Note: The misconduct must be serious enough to destroy the foundation of trust in the employment relationship.

3. What Due Process Must Employers Follow?

👉 Even in cases of gross misconduct, employers must follow a fair dismissal process under Kenyan labor laws.

✅ Step 1: Issue a Show Cause Letter

Notify the employee of the allegations in writing.
Give the employee at least 48 hours to respond to the accusations.

✅ Step 2: Hold a Disciplinary Hearing

Give the employee the opportunity to explain their side.
The employee may bring a witness, colleague, or union representative.

✅ Step 3: Make a Fair Decision

Base the decision on evidence, not assumptions.
After the hearing, issue a termination letter clearly stating the reason for summary dismissal.

📢 Warning: Skipping any of these steps could render the summary dismissal unfair and unlawful.

4. Employee Rights After a Summary Dismissal

Even after a lawful summary dismissal, employees are entitled to:

✅ Payment for days worked up to the dismissal date.
✅ Payment for any accrued and unused leave days.
✅ Certificate of Service (Section 51 of the Employment Act).

🚫 What you’re NOT entitled to:

Notice pay (since the dismissal was immediate).
Severance pay (unless agreed in your contract).

5. What to Do If You’re Summarily Dismissed Unfairly

👉 Step 1: Request a Termination Letter
✔️ Ask for a formal letter explaining why you were dismissed.
✔️ If your employer refuses, request it in writing via email.

👉 Step 2: File an Internal Appeal
✔️ Most companies allow for a disciplinary appeal within 5-14 days.
✔️ Use this opportunity to challenge the dismissal, present new evidence, or request a lighter penalty.

👉 Step 3: File a Complaint with the Ministry of Labour
✔️ If your employer ignores your appeal, you can file a complaint with the Labour Office for unfair dismissal.

👉 Step 4: Take Legal Action
✔️ File a case at the Employment and Labour Relations Court (ELRC) for compensation, reinstatement, or damages for unfair termination.

📢 Pro Tip: Courts in Kenya favor employees if due process wasn’t followed—even in cases of gross misconduct!

6. 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!

7. How Ultimate Forensic Consultants Can Help

At Ultimate Forensic Consultants, we specialize in:

🛡 Defending Employees Against Unfair Summary Dismissals – We ensure employers follow due process.
🛡 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.
🛡 Providing Legal & HR Support to Employers – Helping companies conduct fair disciplinary hearings and avoid wrongful dismissal lawsuits.

📞 Facing a summary dismissal? Contact Ultimate Forensic Consultants today for expert support!

8. Conclusion

✅ Summary dismissal in Kenya is legal only when gross misconduct occurs—but even then, due process is required!
✅ As an employee, you have the right to appeal, file a legal complaint, or seek compensation if your summary dismissal was unfair.
✅ Employers should protect themselves from wrongful termination lawsuits by ensuring they follow Kenyan labor laws and fair disciplinary procedures.

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

FAQs

1. Can my employer fire me immediately without a hearing?
🚫 No! Even in cases of gross misconduct, your employer must provide a disciplinary hearing before dismissal (as per Kenyan labor laws).

2. What’s the difference between summary dismissal and ordinary dismissal?
✅ Summary dismissal is immediate, without notice, and for gross misconduct.
✅ Ordinary dismissal requires notice or payment in lieu of notice.

3. Can I get compensation for unfair summary dismissal?
✅ Yes! The Employment and Labour Relations Court can award you reinstatement, compensation for lost wages, and damages for emotional distress.

📢 Need support? Let Ultimate Forensic Consultants fight for your rights!