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Employment & Pensions

In today’s global and  highly dynamic economy, employment law matters are slightly less straightforward than they used to be. We provide versatile, high quality and insightful commercial advice on all aspects of employment law.

We have acted for both Employers and Employees in advising on Kenyan law employment issues (both in contentious and non-contentious matters) and this has given us a valuable understanding of the employment relationship. We appreciate the need to maintain stable and mutually-beneficial employment relationships and have a proven record in assisting clients in all aspects of employment law including drafting and advising on:

  • Contracts for employees, senior managers and independent consultants of various Kenyan and non Kenyan organisations
  • Hiring and termination of employee contracts, including advising on fair, unfair, constructive and summary dismissal
  • Collective Bargaining Agreement Negotiations and Registrations
  • Kenyan HIV/AIDS law and the minimum medical requirements in relation to employees, which is increasingly becoming an important issue
  • Employee share incentive plans, share option and share ownership schemes and the Kenyan filing requirements in respect of such schemes

We also represent our Clients (both employers and employees) in disputes before the Industrial Court.

Immigration

Our Lawyers also advise on all aspects of Immigration Law relating to the employment of Non-Kenyan including, making the appropriate applications for Visas, Special Passes, Entry Permits and Dependent’s Passes for accompanying family members as appropriate.


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16/08/2023
Whistleblower protection and reporting channels in Kenya
1. Is there a law on whistleblowing in your country? The foundation of whistle blowing in Kenya is to be found in the Bribery Act of 2016, which specifically provided for the prevention, investigation...
Comparable
01/08/2023
Dismissals and Termination of Employment in Kenya
1. Dismissal of employees 1.1 Reasons for dismissal Under the Employment Act an employer may summarily dismiss an employee for the following reas­ons:lower-al­phaGross misconductPoor per­form­anceEm­ploy­ers’...
Comparable
28/06/2023
Cost-cutting and restructuring in times of crisis
A tough global economic outlook is driving many employers to review their operational costs. Across businesses, hard questions are being asked about where efficiencies can be made – and ultimately what...
01/06/2022
CMS Next
What’s next? In a world of ever-ac­cel­er­at­ing change, staying ahead of the curve and knowing what’s next for your business or sector is essential. At CMS, we see ourselves not only as your legal advisers but also as your business partners. We work together with you to not only resolve current issues but to anticipate future challenges and innovate to meet them. With our latest publication, CMS Next, our experts will regularly offer you insights into and fresh perspectives on a range of issues that businesses have to deal with – from ESG agendas to restructuring after the pandemic or facing the digital transformation. We will also share with you more about the work that we are doing for our clients, helping them innovate, grow and mitigate risk. To be able to provide you with the best support, we immerse ourselves in your world to understand your legal needs and challenges. However, it is equally important that you know who we are and how we can work with you. So, we invite you to meet our experts and catch a glimpse of what is happening inside CMS. Enjoy reading this publication, which we will update regularly with new content. CMS Executive Team
26/11/2021
COVID-19 vaccination and testing in Kenya - employment law perspective
Vaccination 1. What options does the employer have to encourage employees to be vaccinated? Can the employer provide a financial incentive to employees?  The general duty of an employer in Kenya as...
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