Nairobi, May 26 -- As protests intermittently disrupt movement across the country, a familiar explanation has emerged among workers who fail to report on duty: Kulikuwa na maandamano (there were demonstrations). But how far does that defence go in law?

According to lawyers Mary Audi and Fridah Muriithi of Muri Mwaniki Thige & Kageni LLP Advocates, missing work due to protests is not automatically considered misconduct.

"The key legal question is whether the employee had a lawful cause for absence and whether the absence was reasonable in the circumstances," they say.

The lawyers point to the Employment Act 2007, which treats absenteeism as misconduct only where an employee is absent without leave or a valid explanation. Where demonstra...