EMS Law LLP

🗒️ Key takeaway An employer can be entirely right about the business decision and still lose the case. Ecobank was allowed to abolish the role, and the court said so plainly. What it was not allowed to do was let the employee find out sideways, notify the Labour Office after she had already gone, and walk her off the premises without ever explaining why she had been chosen. Good intentions are not good notice. The steps the law requires are cheap to follow and expensive to skip, and they exist to protect the person whose livelihood is ending, not to inconvenience the employer ending it. We continue to monitor developments in employment and labour law and their implications for employers and employees, and will share updates as the position develops. 👉 Follow @Lexken_EMSLaw for practical legal insights on employment law, labour relations and regulatory compliance.

7️⃣ What employers should actually do The practical lessons are straightforward, and inexpensive. ✅ Write to each affected employee personally, naming the redundancy, the reasons for it, and its extent. A circular, a town hall, or a group email will not do. ✅ Serve notice on the Labour Officer at least one month before the termination date, and keep proof of when you did it. ✅ Record the selection criteria you applied, and give the employee a chance to be heard on them before the decision takes effect. ✅ Plan a dignified exit. Avoid abrupt escorting from the premises and premature disabling of access. ✅ Confirm which contract document governs notice before computing final dues.

🚨 Can a group email count as your redundancy notice? A bank thought so. The Court of Appeal disagreed. In Ecobank Kenya Ltd v Ngina, decided on 12 June 2026, an employer got the decision to declare their employee redundant right but the process wrong. Here is how that happened, and what it cost. 🧵

🗒️ Key takeaway The gap between the price on the shelf and the price at the till is not a trivial matter of loose change. Under Kenyan law it can amount to a false or misleading representation, and the Competition Authority has both the power and the recent track record to order refunds to consumers and to impose substantial penalties. The investigation into Naivas, Carrefour and Quickmart will turn on a single question: whether these were genuine errors or a pattern of conduct designed to mislead. For shoppers, the lesson is simpler and immediate. The advertised price is a promise the law can enforce, so watch the till, keep the evidence, and know that being overcharged against a displayed price is not something you simply have to accept. We continue to monitor this investigation and its implications for consumers and retailers, and will share updates as the position develops. 👉 Follow @Lexken_EMSLaw for practical legal insights on consumer protection, competition law and regulatory compliance.

7️⃣ What you can do as a shopper There is a practical takeaway here, whatever the investigation ultimately finds. ✅ Check your receipt against the shelf price before you leave the store. The discrepancy, if there is one, is easiest to resolve on the spot. ✅ Keep receipts and photograph shelf prices and advertised offers. Every successful complaint so far has rested on evidence. ✅ You can lodge a complaint directly with the Competition Authority of Kenya, which is empowered to investigate and to order a refund.

🚨 The Competition Authority of Kenya has put Naivas, Carrefour and Quickmart under investigation over misleading shelf pricing. Here is what it means, and whether you are owed your money back. 🧵

7️⃣ What you can do as a shopper There is a practical takeaway here, whatever the investigation ultimately finds. ✅ Check your receipt against the shelf price before you leave the store. The discrepancy, if there is one, is easiest to resolve on the spot. ✅ Keep receipts and photograph shelf prices and advertised offers. Every successful complaint so far has rested on evidence. ✅ You can lodge a complaint directly with the Competition Authority of Kenya, which is empowered to investigate and to order a refund.