Fair Selection Criteria Could Make or Break Your Redundancy Case in Kenya

The CDH experts explain that Kenyan employers considering restructuring must fully understand the legal requirements surrounding redundancy, lest they expose themselves to longwinded, costly legal challenges and reputational damage. In their experience, the most commonly overlooked yet critical aspect of redundancy is the selection process for identifying employees to be retrenched.

Redundancy in Kenya is governed by the Employment Act. While many employers are aware of their obligations to issue notices, consult the labour office and pay severance, Christine and Faith explain that these steps, though necessary, are not sufficient on their own. Kenyan courts have consistently ruled that the selection process must also be fair, objective and transparent.

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