Show cause letter sample (Kenya) and the mistakes that lose cases
Photo: PexelsA show cause letter is HR practice, not a term used in the Employment Act, 2007. It is how most Kenyan employers meet section 41, which requires the employer to explain the reason it is considering termination for misconduct, then hear and consider the employee's response. A clear letter is your first piece of evidence.
Below you will find what the letter is for, a plain fillable sample, and the drafting mistakes that most often weaken an employer's position.
What a show cause letter does, and does not do
Section 41(1) of the Employment Act requires an employer, before terminating employment "on the grounds of misconduct, poor performance or physical incapacity", to "explain to the employee, in a language the employee understands, the reason for which the employer is considering termination". Section 41(2) then requires the employer to "hear and consider any representations" the employee makes before terminating or summarily dismissing.
A show cause letter supports both duties:
- It explains the reason in writing, so you can prove the section 41(1) explanation happened.
- It invites representations, so the employee knows what to answer at the hearing under section 41(2).
It does not replace the hearing. Section 41(1) gives the employee the right to have "another employee or a shop floor union representative" present during the explanation. A written reply alone does not give that companion a role. The safer course is to use the letter to open the process and still hold a meeting.
The burden sits with you. Section 43 requires the employer to prove the reason for termination. Section 45(2)(c) makes a termination unfair if the employer fails to prove it followed fair procedure.
Section 41 applies before termination. You may also use a show cause letter before a warning. The Act does not require that, but the same discipline helps.
Show cause letter sample (Kenya)
Adapt this to your policy. Replace every item in square brackets. Keep it factual.
``` [Company name] [Address]
[Date]
PRIVATE AND CONFIDENTIAL
To: [Employee full name] Staff number: [number] Position: [job title]
Dear [Employee name],
RE: NOTICE TO SHOW CAUSE AND INVITATION TO A DISCIPLINARY HEARING
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The allegation It is alleged that on [date or dates], at [place], you [describe the specific conduct in plain words: what, when, where].
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Why it matters If proven, this conduct would breach [clause number of your contract, the policy and section, or the duty concerned]. The company considers it [misconduct / gross misconduct].
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The evidence The company relies on the following, copies of which are attached: [list: for example, attendance records for [dates], statement of [name], CCTV extract of [date and time]].
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What may happen The company is considering disciplinary action, which may include termination of your employment. No decision has been made.
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Your response You are invited to explain in writing why disciplinary action should not be taken. Please deliver your reply to [name and role] by [time] on [date].
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The hearing You are also invited to a disciplinary hearing on [date] at [time] at [venue or online link]. The hearing will be chaired by [name and role].
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Your companion You may bring another employee or a shop floor union representative of your choice to the hearing.
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Language If you would like this letter explained in Kiswahili or another language, please tell [name] and we will arrange it.
If you need more time or cannot attend, contact [name, phone] before [date].
Yours sincerely,
[Name] [Title]
Acknowledgement of receipt (not of the allegation):
Received by: __ Signature: __ Date: __ ```
The mistakes that weaken an employer's case
1. A vague allegation
"Gross misconduct" or "poor conduct" tells the employee nothing. Section 41(1) requires you to explain the reason. Name the act, the date and the place.
2. The decision is already in the letter
Phrases like "you are hereby dismissed" or "your conduct has been confirmed" show the outcome was settled before the employee spoke. Section 41(2) says "hear and consider". Write "termination is being considered" and mean it.
3. Too little time
The Act sets no reply period, but a same-day deadline is hard to defend. Give enough time to read the evidence and find a companion. Many employers allow two to three working days.
4. Withholding the evidence
If the employee cannot see what you rely on, they cannot answer it. Attach or list it.
5. Refusing the companion, or offering the wrong one
The statutory right is to "another employee or a shop floor union representative" of the employee's choice. Do not refuse that request. If you refuse a request for someone else, such as an advocate, note the reason.
6. Ignoring language
Section 41(1) requires the explanation in a language the employee understands. Offer a translation or an oral explanation and record that you did.
7. Changing the reason later
Section 43(2) defines the reason for termination as what the employer "genuinely believed to exist" at the time. If the hearing is about absence and the dismissal letter cites theft, you have a gap you will struggle to prove.
Letter checklist
| Element | Why it matters | Link to the Act |
|---|---|---|
| Specific conduct, date, place | The employee must know what to answer | s.41(1) explanation |
| Rule or term breached | Shows a valid and fair reason | s.45(2)(a) and (b) |
| Evidence attached | Lets the employee respond fully | s.41(2) representations |
| "Termination is being considered" | Shows no prior decision | s.41(2) hear and consider |
| Hearing date and companion | Gives the statutory companion a role | s.41(1) |
| Language offer | Meets the language requirement | s.41(1) |
| Proof of delivery | Proves the steps happened | s.43 burden of proof |
A short example
Kamau, a stores clerk, was absent for three working days without approved leave. His supervisor, Achieng, wanted to dismiss him by text message. HR instead served a show cause letter listing the three dates, attaching the attendance record, and inviting him to a hearing two working days later with a colleague of his choice. Kamau explained a family emergency and produced a hospital note. HR weighed it, issued a written warning, and filed the letter, notes and decision. Whatever the outcome, the file showed a fair process.
Train the managers who start the paper trail
Line managers usually write the first note on file. Nanto Academy's online course Disciplinary Action in Kenya covers show cause letters, hearings and outcome letters. Professionalism at Work sets the conduct standards behind them.
Sources
- Employment Act, 2007 (Cap. 226), Kenya Law, version of 26 April 2024: sections 41, 43, 44 and 45.
This guide explains the law in general terms. It is not legal advice for a specific case.
Common questions
Is a show cause letter required by Kenyan law?
No. The Employment Act, 2007 does not use the term. Section 41 requires the employer to explain the reason it is considering termination and to hear and consider the employee's response. A show cause letter is the usual written way to give that explanation and to prove later that you gave it.
How do I write a show cause letter for absence?
Name the dates the employee was absent, state that no leave was approved and no reason was given, and cite the rule or contract term breached. Say that termination is being considered, invite a written reply by a set date, and give the hearing date. Section 44(4)(a) lists absence without leave or other lawful cause as possible gross misconduct.
How many days should an employee get to reply to a show cause letter?
The Employment Act does not set a period. Many employers allow two to three working days, and more where the allegation is complex or the evidence is long. The test is whether the employee had a fair chance to prepare. Same-day deadlines are hard to defend.
Can I dismiss if the employee ignores the show cause letter?
Do not treat silence as an admission. Hold the hearing on the date given, record that the employee was invited and did not reply, and consider the evidence. If they do not attend, record the attempts you made to reach them. Section 41(2) requires you to hear and consider any representations the employee makes, so the chance must be real.