Termination of Probationary Contracts

In Monica Munira Kibuchi & 6 others v Mount Kenya University; Attorney General (Interested Party) [2021] eKLR, a three Judge Bench declared Section 42(1) of the Employment Act null and void citing it was inconsistent with Articles 24, 41 and 47 of the Constitution to the extent that it excluded an employee holding a probationary contract from the provisions of Section 41 of the Employment Act. Article 41 of the Constitution of Kenya, 2010 guarantees the right to fair labour practice while Article 47 protects the right to fair administrative action which includes the right to be notified of reasons of an adverse action against an individual.

Read More