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Career advice · Updated October 2026

How to File a Case at the ELRC or Labour Office in Kenya: Step-by-Step Guide

Man in a dark suit writing notes at an office desk with a scale of justice beside him
Photo: Katrin Bolovtsova / Pexels (Pexels License, free to use)

If your employer has not paid your dues, dismissed you unfairly or ignored a complaint, the law gives you two places to go: a labour officer, or the Employment and Labour Relations Court (ELRC). Choosing the right one, and filing on time, can decide the outcome. This guide explains how to file a case at the ELRC or a labour office, using the Employment Act, 2007 and the Employment and Labour Relations Court (Procedure) Rules, 2024.

Your two routes under section 86

Section 86(1) of the Employment Act says that when an employer or employee fails to honour a contract of service, or a dispute arises about the rights or liabilities of either side, or about misconduct, neglect, ill-treatment or injury under the contract, “the aggrieved party may complain to the labour officer or lodge a complaint or suit in the Employment and Labour Relations Court.”

Section 86(2) adds that no court other than the ELRC can decide those disputes. Do not file an employment claim at the magistrates’ court or the High Court as a normal civil case.

Labour officer ELRC
Cost No court filing fee Court fees, which can be waived if you cannot pay
Lawyers Not allowed to represent parties (s.48), but a union official may You can act in person or hire an advocate
Outcome Recommendations to settle the dispute (s.47(2), s.49) A binding judgment or award
Best for Quick, low-value disputes where the employer may cooperate Disputed facts, larger claims, or where the employer ignores the labour office

The two are not mutually exclusive. Section 47(3) says the right to complain to a labour officer is in addition to the right to go to the ELRC on the same issue.

Deadlines you cannot miss

  • Dismissal complaints to a labour officer: section 47(1) says a complaint about summary dismissal or unfair termination should be presented within three months of the dismissal.
  • Court claims: section 89 says no civil action based on the Act or a contract of service can be brought unless it is started within three years of the act, neglect or default complained of. For a continuing injury, the limit is 12 months after it stops.
  • Probation: section 47(6) says an employee dismissed during a probationary contract cannot make a section 47 complaint. Our probation guide explains the seven-day notice rule that applies instead.

If you are close to a deadline, file at the court. A labour office complaint is useful, but it should not use up your time for a court claim.

Route 1: Complaining to a labour officer

  1. Find your county labour office. Labour offices are run by the Ministry of Labour. Go to the office covering the county where you worked.
  2. Bring your documents. Your ID, contract or appointment letter, payslips or M-Pesa statements showing pay, the termination or warning letters, and a written summary of what happened and what you are claiming.
  3. Lodge the complaint. The officer records it and usually summons the employer to a meeting.
  4. Attend the meeting. Under section 47(2), the officer must give both sides every opportunity to state their case, then recommend how to settle it. Section 48 bars advocates from representing either side here, although a trade union or employers’ organisation official may, even if that official is an advocate.
  5. Get the recommendation in writing. Under section 49, the officer may recommend notice pay, wages for work done, up to 12 months’ gross pay as compensation, or reinstatement or re-engagement.

A labour officer’s recommendation is not a court order. If the employer refuses to pay, you will still need to go to the ELRC. Keep every letter from the labour office, because it shows you raised the claim early.

Route 2: Filing a claim at the ELRC

Step 1: Prepare the statement of claim

Rule 7(1) of the 2024 Rules says the statement of claim must set out:

  • the name, physical and postal address, email and telephone number of each party;
  • the facts and grounds of the claim, specifying the rights alleged to have been breached;
  • in a labour dispute, the rights not granted, any other employment benefits sought, and any collective agreement terms relied on;
  • any principle, policy, law or practice relied on;
  • a statement on whether there is any previous or pending case between the same parties on the same issue; and
  • the orders or relief you are asking for.

If you do not know the employer’s address or phone number, rule 7(2) says you must say so in the claim.

Step 2: Attach the supporting documents

Rule 7(3) requires the claim to be filed with:

  1. an affidavit verifying that the facts in the statement of claim are correct;
  2. a list of witnesses;
  3. witness statements; and
  4. a list and copies of the documents you rely on, arranged in date order, flagged and paginated.

Under rule 7(4), witness statements should be detailed enough to stand as the witness’s evidence-in-chief, so the hearing can move straight to cross-examination.

Step 3: Work out what you are claiming

List each item with a figure and how you worked it out: unpaid salary, notice pay, leave days, service pay where due, unpaid overtime or housing allowance, and compensation. The terminal dues calculator helps with the arithmetic, and our guides to terminal dues and unfair termination remedies explain each item.

Step 4: File electronically

Rule 24(1) requires pleadings to be filed electronically, with one hard copy, or more if the court directs, supplied to the court within seven days of filing. The Judiciary’s e-filing portal is at efiling.court.go.ke, where you register an account, upload documents as PDFs and pay. Rule 24(3) requires your physical address, postal address, email and phone number on every document.

Step 5: Pay or ask for a waiver

Fees are set in the Second Schedule to the Rules. If you cannot afford them, rule 81(2) lets the court waive all or part of the fee on a written application showing you lack sufficient means. If you later win money, rule 81(3) lets the court order the waived fees to be paid out of what you recover.

Step 6: Serve the employer and prepare for hearing

After filing, the claim has to be served on the employer, who then files a response. The court will give directions, often including a chance to settle, then fix a hearing date. Keep copies of everything you file and every document you receive.

Representing yourself

You can file and argue your own case. Many claimants do. Write clearly, stick to dates and figures, and attach documents for every key fact. If you are a union member, ask your union first, as it may represent you at no cost. Free legal aid is also offered by bodies such as university law clinics and FIDA Kenya for women.

What the court can award

For unfair termination, section 49 lets the court award notice pay, wages due, compensation of up to 12 months’ gross pay, or reinstatement in some cases. For discrimination and harassment, it can also award damages. Our guides to sexual harassment and discrimination at work show how the courts have assessed those claims. Business Radar regularly reports ELRC rulings, such as this KSh1.1m award against Co-op Bank over a flawed dismissal process.

Key takeaways

  • You can go to a labour officer, the ELRC, or both. Only the ELRC can issue a binding decision.
  • File dismissal complaints with a labour officer within three months, and court claims within three years.
  • A statement of claim needs party details, facts, the rights breached and the relief sought, plus an affidavit, witness statements and paginated documents.
  • ELRC filing is electronic, with a hard copy within seven days.
  • The court can waive fees if you cannot pay.

Start with our plain-English guide to the Employment Act to check which rights apply to you, ask for your certificate of service if you have left, and keep an eye on new jobs in Kenya while your case runs.

Frequently asked questions

Where do I report an employer who has not paid me in Kenya?

You can complain to the labour officer for the county where you worked, or file a claim at the Employment and Labour Relations Court. Section 86 of the Employment Act gives you both routes, and only the ELRC can decide employment disputes in court.

How long do I have to file a case at the ELRC?

Section 89 of the Employment Act generally gives you three years from the act, neglect or default complained of, or 12 months after a continuing injury ends. A complaint to a labour officer about dismissal should be made within three months under section 47(1).

Do I need a lawyer to file a case at the ELRC?

No. You can file and argue your own case. Lawyers cannot represent parties before a labour officer under section 48, although a trade union official may.

Can the ELRC waive filing fees?

Yes. Rule 81(2) of the ELRC (Procedure) Rules, 2024 allows the court, on a written application, to waive all or part of the fees for a party who does not have sufficient means to pay.

Free tools for Kenyan workers: work out your take-home pay with the net salary calculator, check tax with the PAYE calculator, or estimate what you are owed with the terminal dues calculator. See all salary and HR tools.

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