In Kenya, quitting a job may seem as easy as packing your things and walking out.

But legally, it is not.

Resigning without notice, whether your employment contract explicitly outlines a notice period or is completely silent about it, can have serious legal and financial implications.

And recent court rulings have made it clear: the law favours due process, fairness, and respect for contractual obligations.

So, what exactly are the consequences of resigning without notice?

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Let us unpack what the law says, what Kenyan courts have ruled in the recent past, and what every employee and employer needs to know.

Notice Periods

Kenya’s employment framework is primarily guided by the Employment Act, 2007, which applies to all contracts of service across the country.

Section 35 of the Act sets out the minimum notice requirements for terminating an employment relationship, either by the employer or the employee.

Here is what it says:

• If the contract is oral and pays wages daily: no notice is required.

• If wages are paid weekly: a 7-day notice is required.

• If paid monthly: at least a 28-day written notice is required.

Importantly, the Act provides for the option of payment in lieu of notice; meaning an employee can resign without serving the notice period if they pay their employer the equivalent salary for that time.

However, there is a catch: if you neither serve the notice nor pay for it, you may be found in breach of contract and liable to punishment by the law, including going to jail.

Silent Contract

Some employment contracts do not mention a notice period at all.

Does that give the employee a free pass?

Not quite. In such cases, the minimum standards in Section 35 still apply.

That means even if your contract says nothing about notice, the law steps in and fills that gap, and you are still expected to give reasonable notice or pay in lieu before saying adieus.

In the landmark case of Kenneth Karisa Mwarongo v Dodhia Packaging Ltd [2022] eKLR, the court made this clear:

“Where a contract of employment is silent on the notice period, the statutory provision under Section 35(1)(c) of the Employment Act applies. The employee who resigns without notice is obligated to compensate the employer accordingly.”

Rose Mungai v. Silverstone Tyres (K) Limited [2024] eKLR:

In this 2024 case, the Employment and Labour Relations Court in Nairobi dealt with a dispute where employee Rose Mungai resigned from her position as a marketing executive at Silverstone Tyres without giving notice as required in her contract.

Rose submitted a resignation letter on March 6, 2023 and left immediately, without serving the one-month notice stated in her contract. 

Silverstone Tyres withheld her final salary and benefits, claiming this was to offset the notice period she had skipped.

Rose argued that her immediate resignation was due to a hostile work environment and pressure from her supervisor, claiming she was constructively dismissed hence not bound by the notice requirement.

Her employer, Silverstone Tyres, countered that she had not formally raised any grievance through the HR, and no evidence was presented in court to show she was forced to resign. 

They insisted the resignation was voluntary and violated the contract terms.

The judge held that Rose had resigned voluntarily and without the required notice. 

Since the employment contract clearly stipulated a one-month notice or payment in lieu, and no evidence of constructive dismissal was proven, the employer was within its rights to deduct an equivalent amount from her final dues.

Even if an employee feels mistreated, they must formally raise grievances before resigning. 

Courts will enforce notice provisions unless there’s proof of unlawful or intolerable working conditions justifying immediate resignation.

 Walk Out?

Some employees, for various reasons; conflict at work, better offers, toxic environments, simply walk out and never return.

But what happens legally if you do this?

Here are the potential consequences:

1. Breach of Contract: Walking out without notice is viewed as a breach of contract. Employers can sue for damages, including loss of business continuity or costs of urgent replacement.

2. Forfeiture of Benefits: Employees who quit without notice may lose some benefits – including terminal dues or even certificates of service – depending on the terms of their exit.

3. Legal Damages: As held in the case of Beatrice Atieno Opar v Maseno University [2020] eKLR, courts can award employers salary equivalent to the unserved notice as damages, especially where the employee acted in bad faith or abandoned work.

Exceptions

There are exceptional cases where an employee can walk away immediately, and the law supports it.

Under Section 44 of the Employment Act, employees are allowed to terminate a contract without notice if the employer commits gross misconduct, such as:

• Assaulting the employee

• Failing to pay wages

• Forcing the employee to perform illegal acts

• Exposing the employee to dangerous working conditions

In such situations, the employee’s decision to resign without notice may be legally protected.

However, you must demonstrate that the working conditions made continued employment intolerable.

Employers Liability

Just as an employee is expected to give notice before resigning, employers must also provide proper notice or payment in lieu before terminating your employment.

Failure to do so amounts to unlawful termination, which is a serious violation under Kenyan labour laws.

The case of Kenya Union of Commercial Food and Allied Workers v Nairobi Bottlers Ltd [2015] eKLR reinforced this principle: fair procedure and respect for contractual obligations go both ways.

Proper Resignation

To protect yourself legally and financially:

1. Review Your Contract: Confirm what it says about the notice period. If silent, fall back on the Employment Act.

2. Give Written Notice: Always issue formal written communication stating your intent to resign and the notice period you’re giving.

3. Serve or Pay: If you’re unable to serve the full notice period, discuss options for payment in lieu or negotiate with your employer.

4. Request Clearance: Ensure you are cleared of all responsibilities and have returned company property to avoid future claims.

5. Request a Certificate of Service: This is your right under the law and can help with your next employment opportunity.

Gig Economy

In an economy where job mobility is increasing and the gig economy is growing fast, employees are more likely to change jobs frequently.

But even in an era of digital work and side hustles, the law still demands professionalism and respect for due process when exiting formal employment.

Quitting without notice might feel like a quick escape, but it could follow you legally or reputationally for years and cost you big.

And for employers, holding employees accountable to exit terms is not about punishment, it is about predictability, planning, and fairness.

Job Expectations

In Kenya, resigning without notice, whether your contract mentions it or not, is not without consequences.

The law expects both employers and employees to act in good faith and honour their contractual and legal obligations.

So, before you walk out the door, take a moment to read the fine print, understand your rights and obligations, and exit with your head high……legally.

It could save you a lawsuit, protect your benefits, and safeguard your professional reputation.