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
Steps
- Report to your area labour officer, who registers the complaint on Form LD 64 and calls a conciliation meeting.
- Complaining to a labour officer doesn't take away your right to go to the employment court on the same issue.
- Court cases go to the Employment and Labour Relations Court.
- 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)
- Handling of Labour Disputes labour.go.ke · read 2 Oct 2026
- Constitution of Kenya, 2010 new.kenyalaw.org · read 2 Oct 2026
- Employment Act (Cap. 226), consolidated new.kenyalaw.org · read 4 Oct 2026
- Labour Relations Act (Cap. 233), version of 31 December 2022 new.kenyalaw.org · read 5 Oct 2026