Know Your Rights: Employment & Labour Law in Kenya

Whether you are an employer building a team or an employee starting a new role, understanding your rights and obligations under Kenyan labour law helps prevent disputes and fosters a fair workplace.

The key statutes

Employment relationships in Kenya are governed by a framework of laws, chiefly the Employment Act, 2007, the Labour Relations Act, the Occupational Safety and Health Act, and the Work Injury Benefits Act. Together they set the minimum standards that every employer must observe.

Contracts of service

An employee engaged for more than three months is entitled to a written contract of service setting out key terms such as duties, remuneration, hours of work and notice periods. A clear contract protects both parties and reduces the risk of misunderstanding.

Core employee entitlements

• Leave — including annual leave, sick leave, and maternity and paternity leave as prescribed by law.
• Fair remuneration — wages must meet the applicable minimum wage and be paid on time.
• Rest days — employees are entitled to at least one rest day in every seven.
• A safe workplace — employers must take reasonable steps to protect health and safety at work.

Termination and fairness

Kenyan law requires that any termination be both substantively justified and procedurally fair. This generally means having a valid reason and following due process, including giving the employee an opportunity to be heard. Unfair or wrongful termination can expose an employer to significant compensation claims before the Employment and Labour Relations Court.

Resolving disputes

Many workplace disputes can be resolved through internal grievance procedures or conciliation before they escalate to litigation. Where court action is unavoidable, early legal advice greatly improves outcomes.

CKN Advocates LLP advises both employers and employees on contracts, workplace policies, disciplinary procedures and dispute resolution.

This article is for general information only and does not constitute legal advice. For advice on a specific employment matter, please contact CKN Advocates LLP.