The Employment and Labour Relations Court at Nairobi has
declared section 42(1) of the Employment Act unconstitutional. This
section allows employers to terminate an employment contract during
the probationary period, without granting the employee the right to
be heard.
In the case of Monica Munira Kibuchi and 6 others versus
Mount Kenya University, petition was brought by seven former
employees of Mount Kenya University who had been terminated a day
before their probationary period was up. The petitioners argued
that this violated several constitutional principles.
The court agreed with the petitioners and declared section 41(2)
unconstitutional to the extent that it is inconsistent with the
Constitution of Kenya which guarantees every person the right to
fair labour practices and fair administrative action.
