Pay & working terms · 5 min read
Notice period in Kenya: 28 days, pay in lieu and 24 hour resignation
If you're paid monthly, the law sets 28 days' written notice unless your contract says longer. There's no 24 hour resignation in the Act. Here's what happens if you leave at once.
If you're paid monthly in Kenya, either side must give 28 days' written notice, unless your contract sets a longer period. On probation it's at least seven days. The Employment Act has no 24 hour resignation for monthly paid staff. You can leave at once, but you can then be asked to pay what the notice period would have earned. The same rules apply when your employer ends the job.
How much notice the law sets
- Paid daily: no notice. Either side can end it at the close of any day (section 35(1)(a)).
- Paid at intervals of less than a month, such as weekly: it ends at the end of the next pay period after written notice (section 35(1)(b)).
- Paid monthly or at longer intervals: it ends 28 days after written notice (section 35(1)(c)).
- On probation: at least seven days' notice, or seven days' wages from the employer instead (section 42(4)).
- Your contract says longer: the longer period applies (section 35(2)). So read your contract first: if it says one month or three months, that's your notice.
Notice is given in writing. If you can't understand a notice your employer gives you, it must be explained to you in a language you understand (section 35(3)). A casual worker whose days add up to a month is treated as monthly paid, so the 28 days apply there too (section 37).
How to count the 28 days
Written notice given: Tuesday 3 November 2026 28 days counted from the next day The contract ends: Tuesday 1 December 2026
Give the letter with a copy for the employer to sign, or send it by email, so that nobody can dispute the date. Then write your last working day in the letter.
Pay in lieu of notice
Either side can end the contract without notice by paying the other what would have been earned in the notice period (section 36). That's what pay in lieu means, and it works in both directions.
If your employer lets you go on the spot without a lawful cause, it owes you that money. If you walk out on the spot, your employer can ask you for it. On a basic of KES 30,000 a month with 28 days' notice, that's the pay for those 28 days under your contract. The Act gives no daily rate formula, so look for one in your contract or ask HR to show how it reached the figure.
What a 24 hour resignation really means
People use this phrase for a letter that ends the job the next day. The Act has nothing by that name for monthly paid staff. The letter can still end your job, and three things then follow:
- You owe the notice you didn't give, unless your employer agrees to waive it. Expect this to come up when your final dues are worked out.
- Get any waiver in writing. A spoken okay from a manager is hard to prove later.
- If you're leaving because of how you were treated, get advice before you resign. The law keeps the right to end a contract without notice for any cause recognised by law (section 35(4)(b)), but a labour officer should look at your facts first.
Even on probation, the minimum is seven days, not 24 hours. The Act lets the employer pay seven days' wages instead of notice, so if you need to go sooner, ask in writing.
A letter asking to shorten your notice
If you've got a new job with an early start date, ask. Many problems go away once it's agreed in writing.
Dear [Name], I gave notice of resignation on [date]. My last day under the contract is [date]. I have been offered a start date of [date]. May I ask you to shorten my notice so that my last day is [date]? I will finish [handover items] before then. Please confirm in writing if you agree, and that no pay in lieu will be due from me. Kind regards, [Your name]
If your employer tells you not to work your notice
If you give notice and your employer waives all or part of it, it must pay you for the period you didn't serve, unless the two of you agree otherwise (section 38). So being told to leave today doesn't cost you those days by default. Check your final payslip for them, and be careful what you sign on your way out.
Notice when you're dismissed or made redundant
- Summary dismissal means ending the job with no notice or too little. It's only allowed where your conduct shows you've fundamentally breached the contract (section 44).
- In a redundancy, the employer must give the union or you, and the labour officer, at least a month's notice of the reason and extent. You also get a month's notice or a month's wages, leave pay in cash and severance (section 40).
Sources and further reading
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Frequently asked questions
What is the notice period for resignation in Kenya?
28 days in writing if you're paid monthly, unless your contract sets longer. At least seven days on probation.
Is 24 hour resignation legal in Kenya?
You can leave at once, but the Act doesn't give monthly paid staff a 24 hour notice period. Your employer can ask you to pay what the notice period would have earned.
What is notice pay in lieu in Kenya?
Money paid in place of working the notice. Section 36 lets either side end the contract at once by paying what would have been earned in the notice period.
Does my employer have to pay me if it tells me not to serve my notice?
Yes, unless you agree otherwise. Section 38 says it pays for the period you didn't serve.
What does section 36 of the Employment Act say?
That either party can end the contract without notice by paying the other the remuneration for the notice period.