Employees on probation have a right to fair administration action and a right to fair hearing: Section 42(1) Of the Employment Act 2007 is unconstitutional
In the Employment and Labour Relations Court in Nairobi Petition number 94 of 2016 Monica Munika Kibuchi & 6 Others vs Mount Kenya University & Another, the Court declared that Section 42(1) of the Employment Act which excludes application of section 41 when terminating probationary contracts to be unconstitutional.
