Employment and Immigration Practice

Employees form the backbone of an Organization and their well being is critical to the success of the business. Employers therefore need to be conversant with existing employment Law, Regulations, Policies and Guidelines to ensure that they are compliant with the Law have safeguarded the interests of their Employees within the Law.

Unlike many areas of Law, employment and Immigration issues touch on the personal Lives and families of our clients and in most cases, on their source(s) of income. Employment and Immigration related issues are very time sensitive and often stir up strong emotions, quite understandably.

It is therefore extremely important that such issues are dealt with a one-on-one basis and in a very personalized manner. At Kimathi and Kimathi Advocates, we have a Team that has the perfect blend of Legal skill and expertise and a personal touch that clients have come to find very endearing.

Our Employment and Immigration Practice has a strong reputation for solution based deliverables and support to clients.

From preparation or localization of employment contracts, to interpretation of labor and immigration laws, to employment of foreigners in Kenya, our team is able to offer professional and reliable advice and assistance tailor made to meet your particular needs.

• Preparation and review (or localization) of employment contracts and Human Resources Policies and manuals (Staff Handbooks) and advising on compliance’
• Advice of handling of employees in the event of a buyout or Merger;
• Advising on and setting up Employee Share Option Plans/Schemes;
• Advising on termination of employees arising from different situations/scenarios such as summary dismissal of an employee, redundancy etc
• Advising on the disciplinary process as well as preparation of templates for use in such process
• Negotiating for the amicable settlement of employee disputes and terminal dues
• Advising clients on retirement options and benefits
• Conducting seminars on labor laws
• Advising clients on all aspects of Kenya employment/labor laws and compliance

Kenya is fast becoming the “go to” location in terms of foreign investment which has seen the growth in regional offices as well as the setting up of research and training centre’s by a number of multinational corporations.

With offices setting up in Nairobi come the needs to staff the organizations with both local and foreign staff. The foreign staff is required for purposes of business community as well as transfer of knowledge.

At Kimathi & Kimathi, we offer the following Immigration related services:

• Obtaining the following Immigration documents:
• Special Pass – short term work authorization (1 to 6months)
• Entry Permits under all classes ( 1 to 5 years*)
• Applying for permanent residence for –
• Kenyan Citizens (together with their spouse and children) by birth who renounced their citizenship or are not allowed to hold dual citizenship in the countries they have taken up other citizenship;
• Persons (together with their spouse and children) who have held work permits for seven (7) years
• Children of Kenya citizens who are born outside Kenya; and
• Spouses of Kenya citizens who have been married for Three (3) years
• Applying for citizenship for-
• Kenyans holding the citizenship of another country who are not prohibited from holding dual nationality
• Children below the age of 8 years whose nationality and parents are not known
• Spouse of Kenyan citizens who have been married for seven (7) years
• Persons who have been lawfully resident in Kenya for a period of seven (7) years
• A child/children who have been adopted by a Kenyan citizen
• Stateless persons and their dependants; and
• Migrants and their dependants
• Setting up and/or accompanying clients to meetings at the Department of Immigration Services
• As a complementary service, we assist clients in the foreigner registration process and following up for the issuance of the foreigner certificate, This process applies to persons above the age of 18years only
• Advising clients on all aspects of Kenyan Immigration Laws and compliance.