As organizations mark the International Wellness Day on 15th April, workplace wellness is increasingly moving beyond a human resources concern into a legal and governance priority.
For businesses operating in today’s environment, employee wellbeing is an essential component of compliance, risk management and sustainable performance.
Traditionally, wellness initiatives were framed around productivity and employee satisfaction. Today, however, they are tied to legal obligations and organisational accountability.
The legal foundation of workplace wellness in Kenya
The Law places a clear duty on employers to safeguard employee wellbeing. The Occupational Safety and Health Act (Cap. 236A) requires employers to ensure the safety, health and welfare of employees at work.
Crucially, the concept of “health” is evolving. It now extends beyond physical safety to include mental and psychological wellbeing, an area that is gaining increasing legal and policy recognition.
In this regard, the Mental Health Act(Cap, 248) provides a statutory framework for the recognition, treatment and protection of persons with mental health conditions.
While traditionally viewed through a healthcare lens, its principles are increasingly relevant in the workplace, particularly in reinforcing dignity and the need for appropriate support structures.
This framework is further reinforced by the National Guidelines on Workplace Mental Wellness(2023), which provide practical direction to employers on promoting mental wellbeing, preventing workplace-related mental health risks and responding appropriately to mental health challenges among employees.
Mental health and emerging judicial direction
This shift is no longer theoretical. Kenyan courts are actively shaping employer obligations in this space. A recent decision by the Employment and Labour Relations Court in AWW (Suing as Next Friend and Mother of GWW) v Central Bank of Kenya [2024] KEELRC 13585 (KLR) places mental health within the scope of enforceable employer duties.
The Court held that failing to accommodate an employee’s known mental health condition amounted to indirect discrimination and procedural unfairness. This decision raises the bar for employer responsibility.
It makes clear that employers must move beyond passive awareness of mental health issues and take active steps to address them. In practical terms, employers are now expected to:
- Make reasonable accommodations for employees with mental health conditions;
- Investigate mental incapacity before making disciplinary or termination decisions; and Ensure that internal processes are fair and responsive to an employee’s mental state.
Failure to meet these standards exposes organizations to claims of discrimination, unfair termination and breach of statutory duty.
Conclusion
Workplace wellness is no longer a discretionary benefit; it is a legal and strategic necessity. The direction from Kenyan law, policy and the courts is clear: mental health and overall employee wellbeing are now matters of enforceable obligation.
As organizations reflect on the International Wellness Day, the key question is no longer whether to invest in employee wellbeing, but whether existing practices meet the legal and governance standards that are rapidly taking shape.
Contact us
At CM Advocates LLP, our Beauty & Wellness Practice advises organizations on navigating the evolving legal landscape surrounding workplace wellness, mental health and employer obligations.
We support businesses in aligning their internal policies, governance structures and compliance frameworks with emerging legal and regulatory standards.
For guidance on implementing legally sound workplace wellness strategies or managing mental health-related employment risks, please contact our Beauty & Wellness Practice at law@cmadvocates.com or the contributor below.
Author
Mercy Chore, Associate Advocate Email:
mchore@cmadvocates.com CM Advocates LLP
CM Advocates LLP – Contact Details
Head Office Nairobi
I&M Bank House, 7th Floor, 2nd Ngong Avenue
T: +254 20 2210978 or +254 716 209673
P.O. Box 22588 – 00505, Nairobi Kenya
Mombasa Office
Links Plaza, 3rd Floor, Links Road, Nyali
T: +254 041 447 0758 / +254 41 447 0548
P.O. Box 90056 – 80100, Mombasa Kenya
E: mombasaoffice@cmadvocates.com
Regional Presence
Uganda | Tanzania | Rwanda | Zambia | Ethiopia | South Sudan
Disclaimer: This publication is for informational purposes only and does not constitute legal advice.
For tailored legal support, please consult our team.