In Kenya, the law sets out the available remedies in instances where an employee is wrongfully dismissed or unfairly terminated from employment. These remedies are clearly set out under Section 49 of the Employment Act.
The remedies include:
i. Wages for notice period.
ii. General damages not exceeding 12 months’ salary and reinstatement.

In deciding the remedies to recommend, certain factors have to be considered which include:
i. wishes of the employee.
ii. circumstances of termination.
iii. Practicality of reinstatement.
iv. common law principle against specific performance in employment.
v. length of service.
vi. reasonable expectation of employee as to length of time they would have worked for the employer.
vii. opportunities for the employee to secure comparable employment.
viii. value of any severance payable by law.
ix. any unpaid wages, expenses or other claims.
x. expenses as a result of termination.
xi. conduct of employee which may have contributed to termination.
xii. failure of employee to mitigate losses due to unjustified termination.
xiii. any compensation including ex-gratia payment made by the employer.

The law sets out that the employment court should be guided by the principles in Section 49. It also sets out the limitation of employment claims to 3 years.