Pay & working terms · 9 min read
Your rights at work in Kenya: leave, probation, overtime and notice
The minimum terms Kenyan law gives every employee: a written contract, leave, probation, rest days, overtime, casual work, notice, dismissal and a certificate of service.
The Employment Act sets the minimum terms of every job in Kenya. A contract, a collective agreement or a court award can give you more than these minimums, but not less (section 26). Here are the ones that matter most when you start a job, each with the section of the law behind it, so you can check your own terms.
A written contract once the job passes three months
A contract for three months or more, counted in total working days, has to be in writing. So does a contract for work that can't reasonably be finished within three months (section 9). Drawing it up is your employer's responsibility.
The written particulars have to reach you no later than two months after you start (section 10). They include your job description, start date, the form and length of the contract, the place of work, your hours, how much you're paid and how often.
Ask for your copy and keep it. If all you have is an offer letter, check which of these particulars it actually states.
Probation: six months, extended once only with your agreement
A probationary contract has to be in writing and say clearly that it's for probation. Probation can't last longer than six months. It can be extended once, by up to six more months, and only with your agreement (section 42). No employer may keep you on probation beyond that total.
During probation either side can end the contract with at least seven days' notice, or the employer can pay you seven days' wages instead of notice.
If an advert or an offer mentions probation, ask for its length in writing before you start.
Annual leave: at least 21 working days a year
After every twelve consecutive months with the same employer you're entitled to at least 21 working days of leave on full pay (section 28).
If your job ends after two or more completed months in a leave year, you've earned at least one and three quarter days of paid leave for each completed month. Your employer can split the 21 days into parts, but only with your consent.
Sick leave: seven days on full pay, then seven on half pay
After two consecutive months of service you're entitled to at least seven days of sick leave on full pay and then seven days on half pay in each twelve months (section 30).
You need a certificate of incapacity signed by a qualified medical practitioner, and you have to tell your employer about your absence and the reason as soon as is reasonably practicable.
Maternity, paternity and adoption leave
- Maternity leave: three months on full pay, with the right to return to the same job or a reasonably suitable one on terms no less favourable (section 29). Give at least seven days' notice in writing, or a shorter period that's reasonable in the circumstances.
- Maternity leave doesn't cost you any of your annual leave.
- Paternity leave: two weeks on full pay (section 29(8)).
- Pre-adoptive leave: one month on full pay from the date a child is placed with you under the Children Act (section 29A).
One rest day a week and a normal week of 52 hours
Every employee is entitled to at least one rest day in every period of seven days (section 27).
Under the Regulation of Wages (General) Order, the normal working week is no more than 52 hours spread over six days, or 60 hours for night work. The General Order doesn't cover workers in the agricultural industry, who have their own wages order.
Overtime: time and a half, and double on rest days
The General Order sets overtime at one and a half times the normal hourly rate for hours worked beyond the normal week, and at twice the normal hourly rate for work on your normal rest day or on a public holiday.
If you aren't paid by the hour, the hourly rate used for overtime can't be taken as less than one two-hundred-and-twenty-fifth of the basic minimum monthly wage for your job.
If the basic minimum monthly wage for your job is KES 22,500, the overtime hourly rate can't be lower than KES 100 (22,500 divided by 225). An overtime hour is then worth at least KES 150 on a normal day and at least KES 200 on your rest day or a public holiday.
Casual work turns into monthly-paid work
In law a casual employee is someone paid at the end of each day and engaged for no more than 24 hours at a time. A casual employee who works continuous working days adding up to at least one month, or who does work that can't reasonably be finished within three months, is treated as an employee paid monthly, and the 28-day notice rule then applies (section 37).
When the days are counted, a casual employee is entitled to one paid rest day after six continuous working days, and that rest day or a public holiday counts as part of the continuous working days.
Once the contract has converted, an employee who has worked continuously for two months or more from the start of the casual engagement is entitled to the same terms as if they had never been employed as a casual.
Notice: 28 days if you're paid monthly
Unless your contract gives a longer period, the notice depends on how often you're paid (section 35). Paid daily: the contract can end at the close of any day. Paid at intervals shorter than a month: at the end of the next pay period after written notice. Paid monthly: 28 days after written notice.
Either side can end the contract without notice by paying the wages for the notice period instead (section 36).
Dismissal: a valid reason, a fair hearing, and the employer carries the proof
No employer may terminate your employment unfairly (section 45). If you challenge a dismissal, the employer has to prove the reason for it, and if they can't, the law treats the dismissal as unfair (section 43). A fair dismissal needs a valid reason linked to your conduct, capacity or compatibility, or to the employer's operational requirements, and a fair procedure.
Before dismissing you for misconduct, poor performance or physical incapacity, the employer has to explain the reason in a language you understand, and you're entitled to have a colleague or a shop floor union representative of your choice present. The employer then has to hear and consider what you and that person say (section 41).
Dismissal without notice, called summary dismissal, is only lawful where your conduct shows you've fundamentally breached your obligations under the contract, as with gross misconduct (section 44). Otherwise you're owed the notice in the section above, or the pay for it.
Deductions: never more than two thirds, never for the job itself
The total of all deductions your employer makes from your wages at any one time can't exceed two thirds of those wages, unless a different limit has been prescribed (section 19(3)).
An employer may not deduct anything from your wages as a reward for giving you the job or keeping you in it (section 19(2)). Anyone who asks you to pay to get or keep a job is a warning sign.
A certificate of service when you leave
When your employment ends, your employer has to give you a certificate of service, unless you worked for less than four consecutive weeks (section 51). It states the employer, your name, when you started and left, and the nature and usual place of your work.
An employer who wilfully or by neglect fails to issue the certificate, or who puts a statement in it they know to be false, commits an offence punishable by a fine of up to KES 100,000, up to six months in prison, or both (section 51(4)).
The law doesn't oblige an employer to give a reference about your character or performance, so ask for one separately if you need it.
If your employer doesn't follow these minimums
Keep your contract, payslips and any messages about your hours, leave or dismissal. Written records make every later conversation easier.
If you're dismissed and believe it was unfair, you can complain to a labour officer within three months of the dismissal, and you can also go to the Employment and Labour Relations Court (section 47).
If a labour officer finds a dismissal unjustified, they can recommend that the employer pays the wages for the notice period, compensation of up to twelve months' gross pay, or takes you back (section 49).
This guide summarises the law; it isn't legal advice for your situation. A collective agreement, a wages order for your sector or your own contract may give you better terms, and those then apply.
Sources and further reading
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Frequently asked questions
How many days of annual leave do I get in Kenya?
At least 21 working days on full pay after every twelve consecutive months with the same employer (Employment Act, section 28).
How long can probation last in Kenya?
Up to six months. It can be extended once by up to six more months, and only with your agreement (section 42).
What is the overtime rate in Kenya?
Under the Regulation of Wages (General) Order, one and a half times the normal hourly rate for hours beyond the normal week, and twice the rate for work on your rest day or a public holiday.
Can my employer dismiss me without giving a reason?
If you challenge the dismissal, the employer has to prove a valid and fair reason and a fair procedure. If they can't, the law treats the dismissal as unfair (Employment Act, sections 43 and 45). A complaint goes to a labour officer within three months of the dismissal (section 47).
Does my employer have to give me a certificate of service?
Yes, when your employment ends, unless you worked there for less than four consecutive weeks. Failing to issue it is an offence punishable by a fine of up to KES 100,000 (section 51).