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Futility of reinstatement order
The law provides that in the case of an unlawful termination, the court can order reinstatement of the employee to the position they held before termination.
Whenever employees, especially those holding high profile positions, are terminated, the immediate reaction is to apply for an order of reinstatement from the Labour Relations and Employment Courts.
Kenyan laws on employment, including the Constitution, the Employment Act and the Employment and Labour Relations Court Act confer various rights to employees including the right to fair employment conditions, right against discrimination and the right to fair termination.
