Understanding Kenya's Employment Act: Rights Every Employee Must Know

Your Legal Foundation: The Employment Act 2007

Kenya's Employment Act, 2007 is the primary legislation governing the employer-employee relationship. It applies to all employees earning below KSh 21,600 monthly, though many protections extend to all workers. The Act is administered by the State Department for Labour and Social Protection under the Ministry of Labour, and disputes are handled through the Industrial Court of Kenya (ICK).

Written Employment Contracts Matter

Your employer must provide a written contract of employment within 2 weeks of hiring. This contract should specify your position, salary, working hours, leave entitlements, and notice periods. If you've worked for over 3 months without a written contract, the law presumes you're on an indefinite contract. Many Kenyan employees work informally without this protection—don't let this be you. If your employer refuses to provide one, consult employment law experts on Kaziiko who can advise you on your rights.

Wages, Deductions, and Your M-Pesa Payment

Your employer must pay wages at least fortnightly and in full. Under Kenyan law, lawful deductions include income tax (through KRA's itax system), NSSF contributions (currently 6%), and court-ordered maintenance. Illegal deductions include fines for mistakes, breakages, or uniform losses. If your employer uses M-Pesa for salary payment (common in Kenya), ensure you receive a receipt and can verify the amount matches your contract. The Employment Act protects you from arbitrary salary cuts or delays. If unpaid wages exceed one month, you can file a complaint with the Labour Office in your county.

Leave Entitlements You Cannot Negotiate Away

You're entitled to 21 days of annual leave, paid in full. Additionally, you receive public holidays (13 gazetted holidays in Kenya), sick leave (up to 10 days per year with a medical certificate), and maternity leave (90 days for women, paid). Paternity leave is 14 days. These are non-negotiable—no employment contract can reduce them. If your employer refuses to grant leave or pressures you to forgo it, this violates the Act.

Termination and Notice Periods

Your employer cannot terminate your employment without fair cause. Notice periods depend on your contract, but minimum periods are 28 days for employees earning over KSh 21,600 and 14 days for those below. Wrongful dismissal is actionable in the Industrial Court. If you're dismissed without notice or severance, you have a legal claim.

Where to Get Help

For disputes, you can file with your county's Labour Office (free initial consultation) or escalate to the Industrial Court. To understand your specific situation better, find a verified Kenyan expert on Kaziiko specialising in employment law who can guide you through formal processes and ensure your rights are protected.