Kenya (KE)
Kenya is East Africa's economic, tech, and diplomatic powerhouse — home to the United Nations' Africa headquarters, the Silicon Savannah startup ecosystem, and some of the world's most iconic wildlife.
Employment Rights
Sick leave, dismissal protection and red flags in Kenya.
Kenya's Employment Act 2007 (Cap 226) provides the core framework for employment rights, applicable to all employees in Kenya regardless of nationality. The Labour Relations Act 2007, Work Injury Benefits Act (WIBA) 2007, and Occupational Safety and Health Act 2007 supplement the Employment Act. Kenya's Labour Court adjudicates employment disputes. The National Labour Commission (NLC) handles labour disputes and conciliation. Minimum wage is set by the Cabinet Secretary for Labour via Regulation of Wages Orders — reviewed annually.
Sick leave
Rules: Statutory minimum: 30 days on full pay, then 15 days on half pay per year. A medical certificate from a registered medical practitioner is required after 3 consecutive days of sick leave. Most professional employers follow this minimum; international organisations often provide more generous sick leave.
Doctor note: Day 3 (medical certificate required for sick leave exceeding 3 consecutive days)
Employer pay: Full pay for 30 days, then half pay for 15 days. After exhausting sick leave entitlement, no statutory obligation to pay — long-term illness may lead to termination with notice (not automatic).
Long-term: No formal statutory long-term sick benefit. NSSF provides invalidity benefit after meeting contribution thresholds. Employer group insurance may provide income protection. SHA covers hospitalisation costs.
Dismissal protection
Law: Employment Act 2007 (Cap 226). Unfair dismissal claims heard by the Employment and Labour Relations Court. An employee with more than 1 month's continuous service has the right not to be unfairly dismissed. Valid reasons for dismissal include misconduct, redundancy, or operational requirements. Unfair dismissal remedies: reinstatement or compensation (up to 12 months' gross pay).
Deadline to sue: 3 years from date of dismissal to file an Employment and Labour Relations Court claim.
Probation
Maximum probationary period: 6 months. Must be stated in the employment contract. During probation, either party may terminate with 7 days written notice or 7 days pay in lieu. Probation can be extended once with employee agreement. After probation confirmation, full Employment Act protections apply.
Notice periods
Minimum notice for monthly-paid employees: 28 days (or 1 month's salary in lieu). Daily or weekly paid: 7 days. Summary dismissal (gross misconduct): no notice required but must follow due process (show cause letter, disciplinary hearing). Most professional contracts specify 1–3 months notice.
Working time
Max hours: 52 hours per week maximum (8 hours/day standard working day). Factory workers: 45 hours/week. Overtime above these limits must be paid.
Min rest: Minimum 1 rest day per week (typically Sunday in most sectors). 1-hour daily lunch break minimum. 12 hours rest between working shifts.
Overtime: Overtime is payable at 150% of the normal hourly rate on weekdays, 200% on rest days and public holidays. Must be agreed by employer. Most professional salaried employees' contracts include "all hours necessary" clauses, though this conflicts with statutory protections.
Vacation
21 working days per year (statutory minimum). Accrues at 1.75 days per month. Unused leave can be carried over (check contract terms — many employers allow 1-year carry-over). On termination, accrued unused leave must be paid out. Most professional employers offer 21–30 days. Some international NGOs and UN agencies provide 30+ days.
Anti-discrimination
The Employment Act 2007 prohibits discrimination in employment on grounds of race, sex, pregnancy, marital status, tribe, religion, disability, HIV/AIDS status, or political opinion. Equal pay for equal work is required. Sexual harassment in the workplace is prohibited. Enforcement is through the Employment and Labour Relations Court. The National Cohesion and Integration Commission (NCIC) also monitors ethnic/tribal discrimination.
Contract red flags
- !Contract in Swahili only without English translation — ensure you understand all terms
- !No probation period stated — check if employer is trying to bypass protections
- !Salary stated in USD with no KES equivalent — currency risk falls on employee if KES depreciates
- !No SHA or NSSF enrollment mentioned — both are mandatory by law
- !"All inclusive" compensation with no itemisation — you may be paying your own statutory deductions from "gross"
- !Non-compete clauses covering all of Kenya — unreasonably broad clauses may not be enforceable
- !No provision for annual leave or sick leave — contrary to Employment Act
- !Work permit sponsorship condition that gives employer excessive control over your visa status
- !No repatriation clause for internationally recruited expats — ensure employer commits to return airfare on termination
- !Salary below the minimum wage applicable to your job category and zone — KES 16,113.75/month in major cities (Nairobi, Mombasa, Kisumu, Nakuru, Eldoret); KES 7,997.33/month in rural areas under the Regulation of Wages (General) (Amendment) Order, 2024; sector-specific orders set higher minimums for specific industries.
Employment Rights
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