Three things to ask for on redundancy
When your employment ends through redundancy (not gross misconduct), you're statutorily owed three components. Make sure all three are in your final settlement letter:
- Severance pay: at least 15 days of pay per completed year of service. Many employers pay one-month-per-year as a goodwill premium, push for that if you have leverage.
- Notice pay: usually 28 days for monthly contracts, 7 days for weekly ones. If your employer wants you to leave immediately, they pay this in lieu.
- Accrued leave: any unused annual leave converted to cash at your daily rate.
Tax treatment
Under the Income Tax Act, the first KES 100,000 of any lump-sum redundancy / severance payment is exempt. Above that, PAYE applies at your usual band rate (we estimate 30% here, typical for the salary level that gets severance). Ask your HR / payroll which month they will declare the lump sum to KRA so you can plan your year-end tax.
What if I'm dismissed for cause?
Severance under §40(1)(g) only applies to redundancy. Termination for cause (gross misconduct, etc.) does not entitle you to severance, only your accrued benefits to date. If you dispute the cause, you can file with the Employment & Labour Relations Court.