Grievance Procedure Policy (Kenya)

A Grievance Procedure Policy in Kenya records the organisation's binding rules on the matter it addresses.

Section 6 of the Employment Act No. 11 of 2007 further provides that every employer shall notify each employee of their rights under the Act, including the right to complain about unfair labour practices. A Grievance Procedure Policy operationalises this notification obligation by giving employees a clear, accessible mechanism to ventilate workplace concerns without resorting immediately to the Employment and Labour Relations Court (ELRC), which was established under Article 162(2)(a) of the Constitution of Kenya 2010 and the Employment and Labour Relations Court Act No. 20 of 2011.

The Labour Relations Act No. 14 of 2007 governs collective grievances and trade union rights in Kenya. Section 62 of the Labour Relations Act requires every employer who recognises a trade union under a recognition agreement to negotiate and agree a grievance procedure with the recognised trade union, and to include that procedure in the collective bargaining agreement (CBA). For non-unionised workplaces, the employer must establish a unilateral grievance procedure that is consistent with the fairness principles endorsed by the ELRC in its jurisprudence.

A Grievance Procedure Policy typically covers individual grievances — relating to terms and conditions of employment, interpersonal conflicts, bullying and harassment, discrimination under the Employment Act, and alleged violations of the Data Protection Act No. 24 of 2019 — as well as collective grievances raised by a group of employees or a trade union. The policy must distinguish between grievances (relating to employer conduct) and disciplinary matters (relating to employee conduct), as the two processes attract different procedural requirements.

The National Labour Board, constituted under Section 47 of the Labour Relations Act No. 14 of 2007, promotes good industrial relations and fair labour practices in Kenya. The Labour Commissioner, appointed under Section 93 of the Employment Act, exercises oversight over employer-employee relationships and may receive complaints where internal grievance procedures have failed. The Director of Employment under the Ministry of Labour also operates a conciliation service that parties may access before filing at the ELRC.

Kenya's Constitution at Article 41 guarantees every worker the right to fair labour practices, which the ELRC has interpreted to include the right to a fair internal grievance process before termination. The court has repeatedly held that where an employer terminates an employee without following its own grievance or disciplinary procedure, the termination is procedurally unfair — even if there was substantive cause — and may attract compensation of up to 12 months' gross salary under Section 49 of the Employment Act.

The Grievance Procedure Policy published by the Federation of Kenya Employers (FKE) and the Central Organisation of Trade Unions (COTU-K) provides a widely adopted framework for three-tier internal resolution: informal resolution at line manager level; formal hearing before a grievance panel; and appeal before a senior manager or the board. This three-stage model is consistent with international best practice and is recognised by the ELRC as adequate procedural fairness.

A Grievance Procedure Policy is required for every employer in Kenya operating formal employment relationships, but several circumstances make its adoption particularly urgent.

A written Grievance Procedure Policy is required when an employer in Kenya is first registering employees under the National Social Security Fund Act No. 45 of 2013 and the Social Health Insurance Act No. 16 of 2024. Government inspectors from the Directorate of Occupational Safety and Health Services (DOSHS) under the Occupational Safety and Health Act No. 15 of 2007 may request a copy of the policy during routine workplace audits.

A Grievance Procedure Policy is needed when an employer intends to impose disciplinary sanctions — including written warnings, suspension, or termination — on an employee. The Employment and Labour Relations Court requires evidence that the employer exhausted its internal grievance and disciplinary procedure before terminating employment. Without a written policy, the employer cannot demonstrate procedural compliance, and the ELRC will treat the termination as unfair under Section 45 of the Employment Act No. 11 of 2007.

A Grievance Procedure Policy is required when an employer has recognised a trade union and is obliged to negotiate a grievance procedure under Section 62 of the Labour Relations Act No. 14 of 2007. The agreed procedure must be appended to or incorporated by reference into the collective bargaining agreement filed with the Employment and Labour Relations Court under Section 59 of the Labour Relations Act.

A Grievance Procedure Policy is needed when an employer employs 50 or more employees, bringing the employer within the scope of workplace audits conducted by the Directorate of Labour under the Ministry of Labour and Social Protection. The Ministry's checklist for labour compliance includes verification that a grievance procedure exists and has been communicated to all employees.

A Grievance Procedure Policy is required when an employee raises a complaint about sexual harassment, gender discrimination, or any other form of discrimination prohibited under the Employment Act or the Constitution of Kenya 2010. Article 27 of the Constitution prohibits discrimination on the grounds of race, sex, pregnancy, marital status, health status, ethnic or social origin, and other protected characteristics. A written procedure protects the employer by creating a documented record of investigation and resolution.

A Kenya Grievance Procedure Policy that will withstand scrutiny by the Employment and Labour Relations Court (ELRC) and the Labour Commissioner must contain the following core elements.

Policy Statement and Scope: A clear statement that the employer is committed to resolving workplace grievances fairly, promptly, and without victimisation, consistent with Section 6 and Section 10 of the Employment Act No. 11 of 2007. The scope must define which employees are covered — permanent, contract, probationary, and casual — and clarify that the policy applies to individual and collective grievances.

Definition of a Grievance: A clear definition distinguishing a grievance (a complaint by an employee about the conduct of the employer or a colleague) from a disciplinary matter (employer action in response to employee misconduct). Typical grievance subjects include: alleged breach of contract terms; unfair allocation of duties or remuneration; harassment, bullying, and victimisation under the Employment Act; discrimination contrary to Article 27 of the Constitution of Kenya 2010; and unsafe working conditions in breach of the Occupational Safety and Health Act No. 15 of 2007.

Informal Stage: A provision requiring the aggrieved employee to first attempt to resolve the grievance informally by raising it with their immediate line manager within a defined period — typically 5 working days of the event giving rise to the grievance. This stage reflects the ELRC's endorsement of early resolution and reduces the caseload before the court.

Formal Stage — Written Grievance: If the informal stage fails, the employee must submit a written grievance to the human resources department or the designated grievance officer within a defined period. The written grievance must state the nature of the complaint, the date(s) of the relevant events, the names of persons involved, and the remedy sought. The employer must acknowledge receipt within 2 working days and convene a formal grievance hearing within 10 working days.

Formal Stage — Grievance Hearing: The employee has the right to attend the hearing and to be accompanied by a fellow employee or a trade union representative under Section 41(3) of the Employment Act No. 11 of 2007. The hearing must be conducted by a panel that includes at least one manager not directly involved in the events giving rise to the grievance. A written record of the hearing must be kept and signed by all participants.

Decision and Notification: The employer must communicate the outcome of the formal hearing to the employee in writing within 5 working days of the hearing. The decision must state the findings, the employer's response to each element of the grievance, and the remedy (if any) being offered. The decision must inform the employee of their right to appeal.

Appeal Stage: The employee may appeal the formal decision to a senior manager or the board within 5 working days of receiving the decision. The appeal panel must not include any person who participated in the formal hearing. The appeal decision is the employer's final internal decision and must be communicated in writing within 10 working days.

Escalation: The policy must inform employees of their right to refer unresolved grievances to the Labour Commissioner under the Employment Act, to a conciliation officer under the Labour Relations Act No. 14 of 2007, or to the Employment and Labour Relations Court (ELRC) as a last resort. Unfair termination claims must be filed within 3 years of the termination notice under Section 90 of the Employment Act.

Anti-Victimisation Clause: An express prohibition on retaliation against any employee who raises a grievance in good faith, consistent with Section 6(c) of the Employment Act which prohibits unfair labour practices including victimisation.

Forms-legal.com provides this Kenya Grievance Procedure Policy template as a practical starting point for employers establishing or updating their HR compliance documentation under the Employment Act No. 11 of 2007.