CEO’s Employment rights during dismissal stage under the Employment Act: an analysis of typical Kenyan court judgments

Abstract

This study explored the basic definition of CEO under employment acts in different countries, typical CEO dismissal cases in Kenya, focusing on CEO employment rights, reasons of CEO dismissal, reasons why these disputes were finally filed as lawsuits in the courts, and how court entered into judgments on CEO dismissal cases. This study also tried to understand how companies could avoid CEO dismissal disputes, and how CEOs can seek their rights when facing with unfair or unlawful termination. Anyone who focuses on corporation management and relevant studies will benefit from this study. The outcome of this study will assist CEOs to understand how to protect their employment rights; assist companies to have a better corporate governance, to meet compliance requirements, and to avoid potential CEO dismissal disputes from a structural level; in the meanwhile, this study will also assist legislators to have a look at the practice of employment legislation regarding CEO dismissal cases. The suggestions of this study can also provide a view of how the court may enter into judgment if a certain company and CEO seek to sort out CEO dismissal disputes out of court. The outcome of this study is based on the research results of the current Kenya legislation and court judgments, which makes this study closer to the actual practice of CEO dismissal disputes.