The Context of Summary Dismissal in Kenya:

Under the Employment Act, 2007, an employer can summarily dismiss an employee without notice for gross misconduct. However, Section 41 of the Act mandates that before terminating an employee (including summary dismissal), the employer must:

1. Explain the reason for the contemplated termination in a language the employee understands.
2. Allow the employee to respond to the allegations.
3. Afford the employee the right to have another employee or a trade union representative present during any hearing.

These requirements underpin the principle of natural justice, ensuring an employee's right to be heard.