Probation periods in Kenya: your rights and how to pass

Most new jobs in Kenya start with a probation period. It gives the employer time to confirm you can do the job, and gives you time to decide whether the job suits you. Both sides have rights during this period.

What the law says

• Maximum length. Under the Employment Act, 2007, a probationary contract cannot be longer than six months. It can be extended for a further period of up to six months, but only with the employee's agreement. In total, probation cannot exceed twelve months.
• Must be in writing. The probation period should be stated in your contract.
• Notice during probation. Either party can end a probationary contract by giving not less than seven days' notice, or by paying seven days' wages in place of notice.

Other rights still apply during probation, including pay for the work done, statutory deductions remitted properly, and protection from discrimination.

How to pass probation

Agree what success looks like

In your first week, ask your manager what they expect you to achieve by the end of probation. Write it down and confirm it by email. Clear goals protect both of you.

Ask for feedback early

Do not wait for the final review. Ask for a short check-in at the end of the first and third months: "What's going well, and what should I do differently?" Act on the answers and mention the changes at the next check-in.

Learn the systems and the people

Find out how things really get done: who approves what, which reports matter, and which deadlines are fixed. Build good working relationships with peers as well as your manager. Probation reviews often draw on colleagues' impressions.

Be reliable on the basics

Punctuality, meeting deadlines and following procedures count for a lot in a new hire. Early mistakes are forgiven when they are reported quickly and fixed.

Keep a record

Note what you deliver: tasks completed, problems solved, feedback received. It makes your review conversation easier and gives you material for your CV later.

If your probation is extended

An extension requires your agreement. Ask for the specific reasons in writing and for clear targets for the extended period. If you agree, treat it as a second chance with a defined goal.

Confirmation

When you pass, ask for a confirmation letter. It confirms your permanent status and any change in terms, such as a salary review or benefits that start after probation. Check that the letter matches what was promised in your offer.

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