Yesterday (October 10th) was World Mental Health Day. The objective is to organize support for mental health and increase awareness of mental health problems throughout the world. This year’s theme is to make Mental Health and well-being for all a global priority.

Mental health and wellness revolves around our emotional, psychological and social welfare. It affects how we think, feel and behave. Positive mental health is not simply the absence of mental health issues, such as depression or anxiety but predominantly about the presence of positive characteristics such as a feeling of purpose, contentment, maintaining fulfilling relationships and participating in life to the fullest. In the workplace setting, it determines how employees cope with everyday stressors and work productively to realize goals.

It is increasingly being recognized that the mental well-being of workers is a crucial determinant in their overall well-being and that poor mental wellness at the workplace can be a contributory factor to a range of physical illnesses like hypertension, diabetes and cardiovascular conditions, amongst others. In addition, poor mental health can also lead to burn-out amongst employees, affects their morale adversely and seriously affects their ability to contribute meaningfully in both their personal and professional lives.

Mental health problems have an impact on employers directly through increased absenteeism, negative impact on productivity and profits, high turnover rates, as well as an increase in company costs in efforts to deal with the issue.

Work related risk factors for mental wellbeing

Most risks relate to interactions between type of work, the organizational and managerial environment, the skills and competencies of employees, and the support available for employees to carry out their work.

Risks to mental health include:

  • Inadequate health and safety policies
  • Poor communication and management practices
  • Limited participation in decision-making or low control over one’s area of work
  • Low levels of support for employees
  • Inflexible working hours
  • Unclear tasks or organizational objectives
  • Job insecurity

Risks may also be related to job content, such as mismatch of tasks to employee’s competencies or a high and unrelenting workload. Risk may be increased in situations where there is a lack of team cohesion or social support.

Bullying and psychological harassment (also known as “mobbing”) is commonly reported as a cause of work-related stress by workers and present risks to the health of workers.

Strategies to promote mental wellness at the work place

Employer Employee
·        Provide relaxation spaces to unwind during breaks ·        Take part in employer-sponsored programs and activities
·        Dispense self-assessment tools such as work – life balance questionnaires ·        Nurture social connections at work to prevent social isolation and loneliness
·        Include mental health coverage as part of workforce health care plan ·        Look after their physical health
·        Managers should aim to create a healthier company culture ·        Practice self-care during breaks – for example, meditation and listening to inspirational podcasts
·        Ensure a proper health and safety policy is in place ·        Exercise coping skills during the work day – for example prioritization to avoid being overwhelmed

 Positive mental health allows employees to;

  • Recognize, express and regulate emotions
  • Empathize with others
  • Reach their highest potential
  • Flourish in their roles
  • Cope with changing roles, responsibilities and challenges

Negative effects of poor mental fitness in the workplace

  • Lack of engagement with one’s work
  • Low productivity
  • Reduced physical capability
  • Misaligned communication
  • Poor decision making


Human performance and mental well-being go hand in hand, therefore workplace wellness must be among a company’s top priority. Mental wellness is an initiative that should be a commitment of both the employer and employee in order to create a conducive work environment. A mentally stable workforce equals high productivity and longevity of an organization.



Garden leave is a term used to reference the practice of having an employee work away from the office with limited access to the employer’s resources following a notice of termination or resignation.

Garden leave provisions may be included in employment contracts, separation contracts, or even full on non-compete and confidentiality agreements, depending on the goal that the parties want to achieve. These include:

  1. Protecting the Employer’s Legitimate Interest

Garden leave provisions to include terms that restrict the employee from engaging in competing business or practice with those of the employer during the pendency of the garden leave period. Non-solicitation clauses may also be included to limit the employee from contacting clients of the employer or from poaching other employees. Employers may elect to provide for a garden leave period long enough to thwart any of these threats from affecting their business, should they materialize.

  1. Safeguard against possible detrimental behavior of the employee

For employment contracts, the garden leave provision may be important to employers who need to immediately terminate an employee from employment but may be restricted by employment laws that require due process to be followed before termination of employment. For instance, in cases where an employee’s improper conduct is the reason for termination of employment and where the employer is of the opinion that the conduct may continue, the employer may deny the employee access to the office and to certain resources to safeguard against the bad conduct.

Rights and Obligations Provided by Garden Leave

  • A person on garden leave is still considered an employee of their employer and therefore continues to enjoy the benefits of the employment contract, such as the basic salary, fringe benefits, and in some cases bonuses.
  • Equally, the person is bound by a corresponding obligation to continue with his contractual duties as per his contract, but in some pro-employer contracts, the employer may reserve the right to assign those duties to the employee within the garden leave period.

Garden Leave as an Alternative to Non-Compete Provisions

Garden leave also sometimes includes restrictive trade provisions that limit the employee from engaging in competing business with the employer or from, soliciting employees and clients away from the employer. However, the Kenyan courts’ attitude on non-compete and restrictive clauses is quite clear

Garden leave provisions offer a good alternative to non-compete and restrictive trade clauses often so when the employer is seeking to protect legitimate business interests. The courts might be more tolerant of garden leave provisions as opposed to restrictive trade provisions because garden leave periods are usually shorter (1-3 months) than the typical non-compete 6months-12 months’ period.

Also, it may be easier for an employer to enforce garden clauses as opposed to restrictive trade provisions because of the continuing obligation of the employee towards his/her employer contrasted to the non-existent relation where non-compete clauses are used in separation agreements.

The Advantages of Garden Leave Provisions

  • Might be comparatively easier to enforce than non-compete clauses.
  • Offers a more orderly transition following the termination of employment contract contrasted with transition offered by the shorter 1-month notice period that is common to most employment agreements or separation agreements.
  • It is less likely to be overused by employers to stifle competition, compared to non-compete provisions, because of the cost implication.
  • Offers added protection to employers who have the ability to include restrictive clauses within the period of garden leave to prevent the employee from revealing critical information, soliciting clients, poaching employees, and working for a competitor against the employer’s best interest

Limitations of Garden Leave Provisions

  • Are expensive for an employer as they require them to continue to remunerate an employee who does not perform any work.
  • the protection period offered by garden leave provisions to safeguard against completion is shorter than that provided by non-compete period, which normally excludes an employer from competing with his employer for up to 6 months at least.
  • Case law on garden leave provisions is not sufficiently established neither does the Employment Act specifically provide for it, creating an un-certainty in the enforcement of garden leave provisions
  • The fact that an employee is still bound by his employment contract during garden leave may raise interesting questions about their constitutional right to freedom from servitude, especially when the employee does not want to continue to be bound.


The Employment Act (2007) does not make a provision for Garden Leave, however, the law of contract allows for its use where both parties are accepting of the provisions and agree to be bound.

Garden leaves presents a good common ground for both the employer and employees especially in negotiating post-termination terms. It will be quite interesting to see how the Kenyan courts develop jurisprudence surrounding garden leave as their use becomes more common in employment practice.


Discipline is the orderly behavior of an individual in any activity. In the context of the workplace, discipline means adhering to guidelines laid down in the company policy and procedures manual. It is the orderly conduct of affairs by the employees of an enterprise. According to William R. Spriegal, “Discipline is the force that prompts an individual or group to observe rules, regulations, and procedures that are deemed necessary to the attainment of an objective.” Disciplined persons achieve success on every front, disciplined employees follow through with their deliverables in return for achieving a company’s strategic goals. Even wars are won by disciplined soldiers. 

Indiscipline on the other hand is the act of misconduct in the workplace, when the employee ignores the established rules and doesn’t follow them. It is a lack of discipline or lack of control. The act of indiscipline occurs for many reasons, some of them may be personal, but many are related to the socio-economic factors of the time.

The following are the common causes of indiscipline: 

1. Unfair Management Practices

Undesirable management practices, policies, and activities such as employment of spies, undue harassment of workers with a view to creating fear among them, an autocratic attitude of supervisors towards their subordinates, wage discrimination, non-compliance with promotional policies and transfer policies, discrimination in allotment of work, defective handling of grievances, delay and payment of low wages gradually result in indiscipline among employees. 

2. Violation of Rights of Employees

Employees are human beings who have certain rights which should not be violated in any case. Some of these rights are, that they must be treated with respect, they should be allowed to express themselves or raise their voice, the right to contribute to the best of their abilities, the right to justice, the right to security of service, and right for self-development. If these rights are violated and suppressed employees feel dissatisfied. Discontent then prevails leading to gross indiscipline. 

3. Varying Disciplinary Measures

Consistent disciplinary actions must be there in the organization to provide equal justice to all employees. At different times and for everyone, the same standard of disciplinary measures should be taken otherwise it may give rise to growing indiscipline as it creates an atmosphere of favoritism.  

4. Inadequate attention to personnel problems

Delay in solving personnel problems develops frustration among individual workers. The management should be proactive so that there is no discontent among the workers. It should adopt a parental attitude towards its employees. However, it should be noted that no relationship can continue for long if it is one sided. Employees should also live up to their commitments and be reasonable in their demands. 

 5. Absence of Code of Conduct

Lack of properly drawn rules and regulations, or the existence of rules and regulations which are so impracticable that they cannot be observed; and the absence of service manuals and a code of behavior are a leeway to employee indiscipline due to the absence of direction on how employees should carry themselves and engage in an organization. This creates confusion and also provides the chance for discrimination while taking disciplinary action. A code of conduct is fundamental being a set of rules outlining the responsibilities and proper practices for an individual or organization.  

6. Absence of Grievance Settlement Machinery

The employee grievances cannot be put off by deferring or neglecting their solutions. The grievances should properly be inquired into and settled by the managers in a reasonable period. Neglect of grievances often results in reduced performance, low morale, and indiscipline among the employees. Strikes and work stoppages stem in many cases from the utter neglect of employee grievances. 



Unless your company handbook prohibits indiscipline among employees, it may not be clear that you view this as misconduct. It is wise or rather mandatory to provide employees with detailed policy and procedure manuals outlining discipline expectations and consequences for infractions.  



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Did you know?

People with albinism synthesize vitamin D five times faster than dark-skinned people. Since vitamin D is produced when
ultraviolet-B light enters the skin, the lack of pigmentation means light can enter more easily.

It is estimated that in Africa 1 in every 5000 people has albinism. This rate is even higher in Tanzania where 1 in every 1400 people has albinism. Albinism is a rare, non-contagious, genetically inherited condition occurring in both genders regardless of ethnicity, and in all countries of the world. The rare hereditary condition occurs when the body fails to produce enough melanin, which in turn affects the color of the skin, hair and eyes. Both parents must carry the gene for it to be passed on even if they do not have the gene themselves.


What Challenges do Persons with Albinism
(PWAs) Face?

There are many myths and superstitions surrounding PWAs,  which has led to many of them being attacked and killed. In African countries where the general population has dark skin, hair and eyes, PWAs stand out making them easy targets for taunt and discrimination. In some parts of East Africa, witch doctors hunt them to harvest their body parts. In addition, Albino Women face the risk of being raped by HIV-positive men who falsely believe that having sex with them cures HIV. This has ended up infecting women with albinism with HIV.


Skin cancer is also common among persons with albinism in Sub-Saharan Africa, Most PWAs will die from skin cancer by the age of 40. The absence of melanin in their skin leaves them vulnerable to sun exposure, therefore basic health education is necessary on how they can protect themselves using sunscreen and sun-protective clothing.

Most PWAs are visually impaired and are classified as “Legally Blind”. Melanin is critical to the normal development of healthy eyes, therefore the reduced amounts lead to multiple eye defects such as; photophobia(inability to withstand glare and sun/light), foveal hypoplasia(Underdevelopment of the eye’s internal surface), and nystagmus(Involuntary eye movements resulting in reduced or limited vision).

In the education system, PWAs are often teased for their appearance and their low vision is not accommodated. This results in a high school drop-out rate, leaving most of them unskilled and unequipped for jobs. This leads them to do Menial Jobs Including jobs that expose them to the sun and resigns them to a life of poverty and deprivation.


What is the Kenyan Government Doing to Accommodate People with Albinism
  1. In 2011 the government launched a sunscreen program to provide sunscreen to all PWAs in Kenya. The National Council for Persons with Disabilities has been implementing this program by providing one bottle of sunscreen lotion and lip balms per month to every registered persons with albinism
  2. Students with albinism are given 30 extra minutes to complete examinations
  3. The constitution of Kenya provides at least 5% of members of elected and appointed bodies should be persons with disabilities. This has seen the appointment of two PWAs; Hon Isaac Mwaura(who is currently a Nominated Senator), and Justice Mumbi Ngugi (a judge of the High Court).


Plans are however Still pending to amend the persons with disabilities Act(2003) to include persons with albinism. This will officially and legally classify PWAs  as persons with disabilities and oblige reasonable accommodation in key settings such as school and the workplace

June 13 is the International Albinism Awareness Day, let us celebrate and protect all persons living with disabilities


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Since 2013 when county governments were operationalized, taking the place of what were municipal councils, town councils and city councils, there has been many employment grievances pitting the new levels of government with employees. The issues raised range from unfair termination, discrimination, sexual harassment, lack of payment, to low pay and lack of promotion.


A simple search for employment issues in counties on search engines bring out a plethora of hits. As with all disputes knowing the procedure for redress is key

The Public Service Commission is the first port of call

An aggrieved employee of a county government must first exhaust the appeal process at the Public Service Commission as provided under the County Governments Act and the Public Service Commission Act, one cannot come to Court in the first instance. Section 77 of the County Government Act provides as follows:

(1) Any person dissatisfied or affected by a decision made by the County Public Service Board or a person in exercise or purported exercise of disciplinary control against any county public officer may appeal to the Public Service Commission (in this Part referred to as the “Commission”) against the decision.

(2) …)


(3) An appeal under subsection (1) shall be in writing and made within ninety days after the date of the decision, but the Commission may entertain an appeal later if, in the opinion of the Commission, the circumstances warrant it.


From the above section the Court lacks original jurisdiction because the county employees, trade unions, or the employer are required to first apply for review to the Public Service Commission.

Additionally, section 77 of the County Government Act, is couched in mandatory terms with the operative word being “shall”.

Where a statute provides a remedy to a party, the Court must exercise restraint and first give an opportunity to the relevant bodies or State organs to deal with the dispute as provided in the relevant statute. This principle was well articulated by the Court of Appeal  in Speaker of National Assembly vs. Njenga Karume [2008] 1 KLR 425, where it held that;


“In our view there is considerable merit…that where there is clear procedure for the redress of any particular grievance prescribed by the Constitution or an Act of Parliament, that procedure should be strictly followed.”


Section 77 of the County Government Act has been affirmed by the Court of Appeal in Secretary County Public Service Board & Another –Versus- Hulbhai Gedi Abdlle [2016] eKLR where it held that the petitioners ought to exhaust the appeal jurisdiction before the Commission as provided in section 77 of the County Governments Act and Article 234(2) (i) of the Constitution.

Related to the above is Section 87 (2) of the Public Service Commission Act, 2017 which states,

“A person shall not file any legal proceedings in any Court of law with respect to matters within the jurisdiction of the Commission to hear and determine appeals from county government public service unless the procedure provided for under this Part has been exhausted.”

Section 89(1) of the Public Service Commission Act provides that any person who is affected by the decision of the Commission made under this Part may file the decision for enforcement by the Employment and Labour Relations Court provided for under Article 162 (2) (a) of the Constitution.

Against that backdrop, the Public Service Commission (County Government Public Services Appeals Procedures) Regulations, 2016 has been passed to provide for elaborate procedures for hearing of appeals in respect of county public service. The regulations provide that where the appeal is heard orally, then both the appellant and the respondent shall be given an opportunity to be heard and where necessary to present witnesses.


To avoid the perils of costs for suits dismissed for lack of jurisdiction, delayed justice, and lack of reprieve once a matter becomes time barred, familiarity with the procedure for addressing grievances by county government employees is very important. As the saying goes, ignorance of the law is no defense.


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Refugees are individuals who have fled their country of origin or habitual home due to well-founded fear of persecution for reason of race, religion, nationality, membership of a particular socio group, political opinion, events causing a public disturbance, external aggression, or occupation grounds among others. It is therefore of paramount importance that the international community and the host country accord
them protection and guarantee their human rights, and ultimately integrate them in the social and economic life of the host country.
The United Nations Convention on Refugees of 1951 and its Protocol of 1967 read together with a myriad other human rights conventions and treaties espouse the rights and entitlements of refugees. Kenya has ratified most of these conventions and treaties and has domesticated their provisions through the Constitution of Kenya, the Refugee Act, 2021 among other Acts of Parliament and enabling legislation. In this article we highlight the rights and obligations of refugees in Kenya.

  1. The right to not be refused entry into Kenya or be expelled or extradited from Kenya to any other country where the person would be subjected to persecution or where their life, physical integrity, or liberty would be threatened. This is subject to the individual in question not being a threat to the national security of Kenya.
  2. Right to identification and civil registration documents and other required documents sufficient to identify the refugee and grant them
    access to services from both the national and devolved levels of government in Kenya.
  3. The right to engage individually or in a group in gainful employment or enterprise or to practice a profession or trade where he/she holds qualifications recognized by competent authorities in Kenya. On this basis, a refugee is entitled to a class M work permit under and subject to the provisions of the Citizenship and Immigration Act, 2011 laws of Kenya.
  4. A refugee from the East African Community (EAC) partner states may voluntarily give up their refugee status to enjoy the right of establishment and residence of the citizens of the partner states within the EAC.
  5. The right to protection and special treatment and consideration of women, children, older persons, victims of trauma and persons with
  6. The right to voluntarily return to their country of nationality or from which they entered Kenya without any undue restrictions.
  7. The right to dignity and humane treatment in the host country through the provision of and access to necessary amenities for preservation of their fundamental human rights and dignity.

In the first instance, refugees have an obligation to avail themselves upon entry or within 30 days to the Commissioner of Refugee Affairs in Kenya (the “Commissioner”) and procure the prescribed identification documents. In line with the obligation to procure registration, refugees have a duty to abide by the directions of the Commissioner in respect of areas designated for their reception, transit and or settlement.
Refugees have an obligation to uphold and observe the laws of the host country. They must also keep peace and refrain from acts or
omissions injurious to the welfare and national security of Kenya whether criminal or otherwise.
Refugees have an obligation to integrate and contribute to the economic and social development of Kenya through gainful employment and ventures. Further refugees have an obligation to ensure sustainable and judicious use of resources and amenities allocated to them and refrain from activities that may have negative impact on the people, resources and environment of the host country

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The Wage Councils is constituted in accordance with Labour Institutions Act 2007.

The Act establishes two wages councils: a general wages council and an agricultural wages council. The Cabinet Secretary is mandated to establish any other sectoral wages council on a need basis subject to the consultation of the National Labour Board.

A wages council shall consist of the following members appointed by the Cabinet Secretary–

  • a chairperson;
  • not more than three members nominated by the Board representing trade unions;
  • not more than three members nominated by the Board representing employers; and
  • not more than three independent members.

The members of the wages council are appointed for a period of three years and are entrusted with the following functions:

  • to investigate remuneration and conditions of employment in any sector;
  • invite and consider written and oral representation, in prescribed manner, from interested parties; and
  • make recommendations to the Cabinet Secretary on minimum wage remuneration and conditions of employment.

Additionally, the Agricultural wages council may recommend to the Cabinet Secretary, minimum remuneration and conditions of employment of employees employed in the agricultural sector or any sector in which no other wages order is applicable.

On the recommendation of these Councils, the Cabinet Secretary may issue Wages Order setting minimum rates of remuneration (usually published on May 1st Each year). Minimum wages vary by occupational sectors, skill levels and geographical areas.

Wages Order

A wages order:

  • sets the minimum rates of remuneration;
  • specify the types and manner of deductions as well as the maximum amount/percentage of deductions;
  • maximum amount deducted from pay in respect of rations supplied by the employer;
  • regulate task based and piece work;
  • regulate outwork, casual work and contract work; and
  • other related terms on remuneration.

While determining the minimum wage, the Wage Council should take into account the following factors:

  • the needs of workers and their families, taking into account the general level of wages in the country, the cost of living, social security benefits and the relative living standards of other social groups;
  • economic factors, including the requirements of economic development, levels of productivity and the desirability of attaining and maintaining a high level of employment and the need to encourage investment;
  • the ability of employers to carry on their business successfully;
  • the operation of small, medium and micro enterprises;
  • the alleviation of poverty;
  • the minimum subsistence level; and
  • the likely impact of any proposed conditions.

An employer who fails to pay statutory minimum wage or provide a worker with conditions of employment as provided under the Wages Order commits an offence.


In a top-down employee recognition system, an employee’s supervisor witnesses and recognizes their contributions. Top-down recognition can take many forms. Some examples are:

  1. Years of Service Award

In recognition of an employee’s continued contributions to an organization over several years, a ‘Years of Service’ award can be given at specific intervals or milestones. ‘Years of Service’ awards do not often involve financial compensation, but may include a gift of some kind. Commonly offered awards include plaques, engraved pens, or group greeting cards.

  1. Employee Appreciation Day

Employee Appreciation Day was created in 1995 by Dr. Bob Nelson as a way for companies to encourage conversation about daily recognition, celebrated on the first Friday of March. It is a day for companies to thank their employees for their hard work and effort throughout the year. This day was created for the purpose of strengthening the bond between employer and employee.

Organizations have been known to celebrate Employee Appreciation Day with small company-funded events like barbecues, or small office parties. Additional financial compensation is not often an element of Employee Appreciation Day.

  1. Annual Bonuses

An annual bonus is a financial compensation given to employees in addition to their base pay. Annual bonuses are given once per year, usually at the end of the fourth business quarter. Annual bonuses can be given for a multitude of reasons, but are usually based on performance, either the performance of the organization, the individual or both.

For example, Benard’s sales numbers exceeded her quota for four consecutive business quarters. To recognize her achievements throughout the year, Emma is given an annual bonus in addition to her base salary and commissions.

  1. Quarterly Bonuses

Quarterly bonuses are similar to annual bonuses but are metered out on a more frequent basis (per business quarter). Quarterly bonuses are most commonly given as part of a heavily performance-based compensation model. Sales organizations are common adopters of the quarterly bonus structure.

For example, Amina landed ABC Limited its largest customer this quarter. In recognition of that achievement, Amina is given a quarterly bonus at the end of the quarter.

  1. Spot Bonuses

Many organizations choose to thank workers ‘on the spot’ for achievements that merit particular notice. These bonuses are generally given in recognition of an employee exhibiting exceptional productivity. They are most often given by a direct manager, an indirect manager, or senior co-worker in the organization, but can also be given by co-workers as part of a peer-to-peer recognition program.

The on-the-spot nature dictates that spot bonuses are given at an irregular cadence, in contrast to annual and quarterly bonuses.

For example, Fatima’s attention to detail and quick thinking saved the company from losing a long-time client. In recognition of her valuable contribution, Fatima is given a Kshs. 50,000 spot bonus.

  1. Peer-to-Peer Recognition

In a peer-to-peer recognition system, managers, as well as other co-workers, are all empowered to recognize and reward the contributions of their colleagues. Some of the most common forms of peer recognition are:

  • Gold Stars

Some organizations encourage employees to recognize one another’s contributions through the giving of small mementos. Gold stars are a good example of this type of recognition. These stars are sometimes given a tangible value and can be exchanged for real-life items.

For example: Despite an already busy schedule of coding, Jason decides to help out his colleague in the marketing department, who is having trouble implementing a new tool. He earned a gold star from his colleague Harrison in return for the impactful assistance he offered.

  • Verbal Praise

Verbal praise is perhaps the oldest and longest-standing form of peer-to-peer recognition in the workplace. Verbal praise is given by colleagues, generally in an ad-hoc fashion, in recognition of a staff member’s valuable contribution. Although nearly always informal in nature, verbal praise is occasionally solicited as part of a formal staff recognition program.

For example, ABC Limited newest customer was extremely impressed with Emma’s timeliness and attention to detail. At the beginning of their sales strategy meeting, Emma’s colleagues all congratulated her on the achievement, showing their appreciation for her efforts.

  • Microbonuses

Microbonuses are small monetary rewards given frequently by one colleague to another in recognition of a valuable contribution. Although micro bonuses can be given by managers to their direct reports, they can also be given by other colleagues, and even from a direct report to a manager.

Microbonuses provide several unique benefits. Like spot bonuses, staff recognition in the form of micro bonuses can be given in the very moment that a valuable contribution is made by an employee. Employee recognition given in the moment has the greatest potential for impact because the action is rewarded almost immediately when it is top-of-mind.

Due to their small nature, microbonues can be given often, providing multiple positive instances of employee recognition without dramatically altering an employee’s compensation.

For example, James new update to the company’s landing page improved conversion by 60 percent, and brought in three new signups in one day. James’ colleague Elisa gave him a microbonus because those new signups became part of her sales pipeline.



Despite the Employment and Labour Relations Court having been granted original jurisdiction on all employment and labour relations matters, that jurisdiction can by law be donated to the lower courts.

In exercise of the powers conferred by Section 29 (3) and (4) (b) of the Employment and Labour Relations Court Act, 2011, the Chief Justice appointed all Magistrates of the   rank of Senior Resident Magistrates and above, vide a gazette notice, as Special Magistrates designated to hear and determine the following   employment and   labour   relations   cases within   their respective areas of jurisdiction:

  • Disputes arising from contracts of employment (excluding trade disputes under the Labour Relations Act, 2007) where employees gross   monthly pay   does   not   exceed   Kshs. 80,000.00 as commenced and continued in accordance with the Employment and Labour Relations Court (Procedure) Rules, 2016.
  • Matters relating to the following specific areas: –
  • offences under the Work Injury Benefits Act, 2007
  • offences under the Employment Act, 2007
  • offences under the Labour Institutions Act, 2007
  • offences under Occupational Safety and Health Act, 2007; and
  • offences under the Labour Relations Act, 2007

The obligations of employers under the Work Injury and Benefits Act are as follows:

Employer to provide Insurance Cover

Every employer must obtain and maintain an insurance policy, with an insurer approved by the Cabinet Secretary in respect of any liability that the employer may incur under this Act to any of its employees.

The Cabinet Secretary may exempt from the provisions of insurance policy, an employer who provides and maintains in force a security which consist of an undertaking by a surety approved by the Cabinet Secretary to make good, any failure by the employer to discharge any liability which the employer may incur under the Act to any of its employees up to an amount approved by the Cabinet secretary.

Employer to keep Records

An employer must keep a register or other record of the earnings and other prescribed particulars of all employees, at all reasonable times produce the register or record on demand to the Director for inspection, retain the register, and record or reproduction referred at least six years after the date of the last entry in that register or record.

Compensation of Injured Employee

An employee involved in an accident resulting in the employee’s disablement or death is entitled to the benefits provided for under this Act.

An employer is liable to pay compensation in accordance with the provisions of this Act to an employee injured while at work.