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How long you have to bring a claim against your employer

Employment Act; Labour Relations Act; State Department for Labour and Skills Development · sources read 5 Oct 2026

You have 3 months from a dismissal to complain to a labour officer, and 3 years to start a court case under the Employment Act or your job contract (or 12 months after a continuing wrong stops). A union must report a dismissal dispute to the Labour Cabinet Secretary within 90 days.

Deadline
3 months from the dismissal: complaint to a labour officer
Deadline
3 years from an unlawful pay deduction: complaint to a labour officer
Deadline
3 years from the act complained of (12 months after a continuing wrong stops): court case
Deadline
90 days from the dismissal: trade dispute reported to the Labour Cabinet Secretary (longer only if allowed for good cause)
Where
Your area labour office; the Employment and Labour Relations Court
Go to the official site

Steps

  1. Report to your area labour officer, who registers the complaint on Form LD 64 and calls a conciliation meeting.
  2. Complaining to a labour officer doesn't take away your right to go to the employment court on the same issue.
  3. Court cases go to the Employment and Labour Relations Court.
  4. For a union dispute, the Ministry appoints a conciliator who should finish within 90 days; if there is no deal, the matter can go to the employment court.

Watch out

  • If you were let go during probation, you can't use the labour officer dismissal complaint.
  • The 3-year court limit applies even though the general law allows 6 years for other contract claims.

Who this covers

  • Employees who were summarily dismissed or unfairly terminated (3-month labour officer route).
  • Anyone with a claim under the Employment Act or a contract of service, such as unpaid wages or dues (3-year court route).
Official sources (4)
  1. Handling of Labour Disputes labour.go.ke · read 2 Oct 2026
  2. Constitution of Kenya, 2010 new.kenyalaw.org · read 2 Oct 2026
  3. Employment Act (Cap. 226), consolidated new.kenyalaw.org · read 4 Oct 2026
  4. Labour Relations Act (Cap. 233), version of 31 December 2022 new.kenyalaw.org · read 5 Oct 2026

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