Your employment contract in Kenya: what it must include

An offer letter is good news, but the contract is what governs your job. Kenyan employment law sets a floor of rights that every contract must respect. Knowing that floor helps you spot problems before you sign.

When a written contract is required

Under the Employment Act, 2007, a contract for a period or a number of working days that together amount to three months or more must be in writing. The employer is responsible for drawing it up, explaining it in a language you understand, and giving you a copy.

What the contract should state

The Act lists particulars that a written contract must contain. In practice, check for:

• Your name, the employer's name and the place of work
• Your job title and a description of the work
• The start date, and the end date for a fixed-term contract
• Pay: the amount, how it is calculated and when it is paid
• Hours of work
• Annual leave, sick leave and other leave
• Pension or other benefits
• The notice period on either side
• Any probation period
• Disciplinary rules and how grievances are handled

If something important is only promised verbally, such as a car allowance or a salary review after probation, ask for it in writing.

Minimum leave entitlements

• Annual leave: at least 21 working days with full pay after every 12 consecutive months of service.
• Sick leave: after two consecutive months of service, at least seven days with full pay and then seven days with half pay in each 12-month period, supported by a medical certificate.
• Maternity leave: three months with full pay.
• Paternity leave: two weeks with full pay.

Contracts can be more generous than these minimums but cannot take them away.

Clauses to read carefully

• Probation. Check its length and the notice during probation. See our probation guide.
• Restraint of trade. Clauses stopping you from working for competitors after you leave. Courts look at whether they are reasonable in time, place and scope. Ask what is covered.
• Confidentiality and intellectual property. Common and usually reasonable, but read the scope.
• Bonding or training refunds. Some employers require you to repay training costs if you leave within a set period. Know the amount and the period.
• Mobility. Whether you can be transferred to another town, and what support comes with it.
• Consultancy instead of employment. If the "contract" calls you a consultant but you work fixed hours under supervision like an employee, ask why. Consultants usually have no statutory deductions, no paid leave and fewer protections.

Casual work that becomes permanent

Casual employment is meant for short periods. Under the Act, where a casual employee works continuously for a month or more, or does work that cannot reasonably be completed within three months, the contract is treated as one with monthly pay and the protections that come with it.

If something goes wrong

Raise concerns in writing with HR first. If that fails, you can approach the labour office in your county, which handles complaints and conciliation, or seek advice from a lawyer or your union. Employment disputes are heard by the Employment and Labour Relations Court.

This guide summarises general rights under Kenyan law. It is not legal advice for your situation.