Employment, Labour Relations and Immigration Law Advisory

CM Advocates’ Immigration Advisory team represents businesses, organizations, and individuals from around the world on a wide range of immigration matters and visa needs.

We regularly advise businesses on a variety of employment-related immigration issues including those related to relocation of personnel from and into Kenya and the East Africa region.

We work with our clients to address the visa and work authorization needs of Kenya and regional personnel, including professionals, managers and executives and essential workers.

We assist foreign investors looking to invest and carry-on business in Kenya to get investors permits as well as dependent and student passes for their family ‘members. We also regularly assist foreigners and expatriate employees who intend to settle or retire in Kenya get retirement permits or permanent residence permits.

Our team offers specialized, quick and seamless immigration services including: –

  • application of business visas, and multiple entry visa;
  • processing of work permits and passes for investors, missionaries, expatriate employees and other foreigners wishing to work in Kenya on a long- term or short- term basis;
  • application for tax compliance certificates (TCC) for the employer and employee, as required for the processing of work permits;
  • processing of permanent residency applications;
  • processing of dependents as well as pupil/student passes;
  • application for asylum in Kenya;
  • application for dual citizenship;
  • application for Kenyan citizenship; and
  • general immigration law advisory.

Employment & Labour Relations Law

CM Advocates can offer strategic advice on all types of employment and labour related issues and disputes, across a wide variety of industries in both private and public sectors including NGOs and charities.

We offer national and international organizations strategic and practical legal services that are focused on maximizing human resource potential. Our employment and labour lawyers are known for their dexterity and business-savvy advisory and counselling skills and, when necessary, their results-driven dispute resolution techniques.

We have practical experience representing employers in all industry sectors, including financial services, art and entertainment, education, professional services, telecommunications, ICT, hospitality sector, manufacturing concerns, extractive industries as well as transport and logistic sector.

Our employment lawyers will take the time to understand your scenario and offer creative, commercial found and clear, thorough advice. The employment issues we can assist with include:

  • human resources advice and counselling;
  • taxation on gain and profits from employment
  • statutory compliance for employers;
  • taxation for expatriate employees;
  • tax reconciliations for expatriates;
  • review of employment contracts for tax planning purposes and identification of tax exposures;
  • handling tax audits on employment taxes;
  • strategic HR Planning (including Dismissals and Redundancies);
  • disciplinary, grievance procedures and performance management;
  • wrongful and unfair termination as well as constructive dismissal;
  • executive employment and severance agreement;
  • settlement agreements;
  • contract, labour agreements, HR Policies and Collective Bargaining Agreements;
  • occupational health and safety;
  • workers compensation/ work injury benefits;
  • human rights and discrimination;
  • business sales and acquisitions, and corporate restructuring;
  • boardroom disputes;
  • IP protection and litigation;
  • privacy and cybersecurity;
  • internal corporate investigations;
  • restraint of trade or non-compete agreements;
  • employee raiding/poaching;
  • non-solicitation agreements;
  • data protection and confidentiality agreements;
  • dispute resolution (including litigation, arbitration and mediation);
  • pay and benefits (including retirement benefits, ESOPs, and other stock options);
  • pension schemes; and
  • international employment law.

Non-compete, non-solicit and Trade Secrets Practice

Our Non-Compete, Non-Solicit, and Trade Secrets Practice is tailored towards protecting your interests on termination of an employer-employee relation or other contractual engagements. Whether you are an employer who may face competition by a departing employee or an employee seeking to set up shop or work for a competitor, you require sound legal counsel or representation.

Invariably, key customer relationships, talented employment, and vital intellectual property and expertise (including trade secrets, proprietary business information, and corporate technology) lie at the core of successful businesses. Accordingly, it has become commonplace for businesses to use agreements that prohibit competition, or that limit the solicitation of customers, in an effort to protect their commercial interest and unwarranted disclosure of confidential information or data.

From the employer’s perspective, the business can be exposed to risk or litigation when a departing employee diverge vital business assets belonging to their former employer. With the current labour mobility, the employer’s most valuable assets can be jeopardized through theft or unwarranted disclosure for commercial exploitation.

From the perspective of the departing employee (or his or her new employer), the ability to work and compete can be unfairly hampered or restrictive by an unreasonable restraint of trade provisions or overbroad or unduly burdensome non-competition or non-solicitation agreement that goes far beyond protecting the former employer’s legally protectable interests. If left unchecked, the employee may be unfairly deprived of the ability to earn a livelihood.

The attorneys in our Non-Compete, Non-Solicit, and Trade Secrets Practice are we strive to promote fair business practices, safeguard vital business assets and facilitate the lawful transition of employees or contractors subject to post-engagement restrictive covenants.

a. Preventive Measures

Our lawyers develop, draft, and review key documents that are pivotal to setting the stage for the transition of employees through the post-employment restrictive period. Covenants typically contained within non-solicitation, non-competition, and confidentiality agreements can be useful, effective tools, but they must be carefully drafted so as not to be construed as an unenforceable restraint on trade and lawful competition.

Restraint of Trade or Non-Compete Agreements – Chiefly contained in the employment contract, these covenants seek to prevent a former employee from working for a competitor within a certain geographic area for a specified period of time after departure from his or her previous employment.

  • Confidentiality Agreements - These agreements require employees to acknowledge the sensitivity of corporate information (such as trade secrets, proprietary information, intellectual property, and information technology), and to create a binding obligation on the employee not to use or disclose that information during the currency of the contract as well as after expiry of contract or termination of employment.
  • Non-Solicitation Agreements - When properly drafted, these covenants prohibit departing employees from soliciting key customers that resulted from the investment of time, resources, and goodwill by the employer. These are also common in connection with the sale of a business, along with its goodwill.
  • Anti-Poaching or Anti-Raiding Agreements - It is common for a former employee, especially a manager, to poach or solicit good employees from their former work place. Besides increasing the costs of training, this can cause huge disruptions to the former employer. Such predatory practices can be prevented through the usage of appropriate anti-poaching or anti-raiding agreement, which prevents a former employee from soliciting his or her former coworkers.

b. Litigation – When Needed

Often times, a departing employee or his or her new employer will choose to disregard even a properly drafted restrictive covenant. Conversely, in order to achieve some ulterior motives, former employers may seek to enforce covenants that are unreasonable or overbroad. Our Dispute Resolution team has huge experience fighting to protect our clients’ interests in court of law or through arbitration. We employ our expertise to aggressively pursue negotiation and litigation strategies tailored to the needs of the people and businesses we serve.

Other Services Include:

  • development and creation of a comprehensive intellectual property preservation program: creating, drafting, and reviewing policies regarding the ownership, protection, and retention of company-sensitive information and data; and
  • design and implementation of a human resource program intended to train employees about unfair competition, its various forms, its impact, and the attendant consequences for violations.

Related blogs & news

Issue 1 - April 2019

On 10" June this year (2019), we shall be celebrating our 5th year since inception. During these past years, our firm has grown from an initial team of two to a team of about forty, two thirds of whom are advocates. ...

Huduma Number is here

Attached, is information on the recently launched "HUDUMA NAMBA" for your reference....

CM Advocates at 5

We would like to thank you for your business throughout the past years. You have been critical to our integral growth and success in our first 5 years, and I look forward to working with you in the coming years....

Issue 2 - July 2019

CM Advocates LLP marks a major milestone in its journey. As we turn 5 this June, in line with its vision - To be the leading leagal service provider in East African Community......

Your Immigration Matters: Why You Need Professional Guidance

For a long time, Kenya has lacked a comprehensive personal data protection legislation which has been quite necessary in this age of digital use and access. This has exposed citizens to the risk of their personal data being misused. ...

Other Practice Areas

Anti-bribery & Anti-corruption

Our team is well versed in providing excellent strategic advice, which often results in cases being discontinued or in not-guilty verdicts at trial.

Aviation Law

CM Advocates is well versed in handling diverse legal and commercial matters related to aviation including litigation, corporate work, employment contracts, real estate contracts, passenger claims, baggage and freight claims and other related matters.

Capital Markets

Our clients include private companies, public listed companies, funds, investors and government institutions. We advise on all aspects of capital markets transactions.

Commercial / Business Law

Commercial law (also known as business law), which is an omnibus phrase for a range of legal services designed to support businesses in making money from their products and services, is indispensable in everyday business activities.

Constructions & Infrastructure Law

CM Advocates LLP walks with you in your construction journey from the construction project conception, design and planning, project procurement, project finance, project implementation and operation and maintenance

Tax Law Advisory

At CM Advocates, we offer timely, independent, innovative and results-driven tax advisory services.

Non-Compete, Non-solicit and Trade Secrets Practice

Our Non-Compete, Non-Solicit, and Trade Secrets Practice is tailored towards protecting your interests on termination of an employer-employee relation or other contractual engagements.

Wealth & Private Clients

Our Family Law specialists are at the vanguard of family law matters and provide service to both local and international clients. We understand that family issues can be difficult for those involved. Therefore, we approach each case with the openness and care due to such trying issues, offering personalized guidance and assistance.

Real Estate, Banking & Finance

We handle conveyancing and all types of property-related transactions and deals including sales and purchases, leases and licenses, estate planning and administration, real estate venture transactions, construction transactions, change of user and extension of leases and banking security documentation for both local and international clients.

Shipping, Logistics & Admiralty Law

Admiralty or maritime law deals with nautical issues and p1ivate maritime disputes. It is composed of both domestic law on maritime activities and private international law gov-erning the relationships between private parties operating or using ocean-going ships. At CM Advocates, we have a vibrant admiralty and transportation law practice focusing on transactional matters, dispute resolution, legal and regulatory compliance and general mari-time and trucking transactions.

Forensics & Investigations, Risk & Compliance

Working together with our associated forensic audit and corporate investigation company, our aim at CM Advocates LLP (hereinafter “CM Advocates”) is to combine our respective skills and provide our clients with a world-class integrated legal, compliance, forensic and investigative service.

section separator logo

Let us take it from here.

+254 716 209673


Skip to contentHomeAbout UsInsightsServicesContactAccessibility