21/03/2026
Termination During Probation in Kenya: What Employers Must Know
Many employers assume that employees on probation can be terminated without following due process. However, recent court decisions, including Monica Munira Kibuchi v Mount Kenya University (2021) and Red Lands Roses v Mugo (2025), have clarified that this is no longer the case.
Even during probation:
Employees are entitled to fair labour practices under the Constitution
Sections 42(1) and 47(6) do not bar employees from challenging termination in court
Employers must still demonstrate a valid reason and act fairly
Courts are increasingly finding terminations unfair where employers fail to follow a structured and transparent process.
Key takeaway:
Probation is not a legal loophole. Employers must apply fairness, documentation, and proper HR procedures at all stages.
If your organisation is reviewing its probation or termination practices, now is the time to ensure compliance.
Contact F.M. Muteti & Co. Advocates for expert employment law advisory.
