Introduction: Why Employment Law Matters in Kenya
Employment is the backbone of Kenya’s economy, and disputes between employees and employers are among the most common cases in courts and tribunals. To create fair workplaces, Kenya’s legal system provides comprehensive protections for employees and clear duties for employers.
The Employment Act, 2007, alongside the Labour Institutions Act, 2007, Occupational Safety and Health Act, 2007, and other labour laws, forms the foundation of employment rights in Kenya. For businesses, compliance is not optional: failure to observe the law leads to claims before the Employment and Labour Relations Court (ELRC), fines, and reputational damage.
This guide explains the key rights of employees and the corresponding duties of employers under Kenyan law.
Rights of Employees under Kenyan Law
1. Right to Written Employment Contract
• Section 9 of the Employment Act, 2007 requires that contracts lasting more than three months must be in writing.
• Contracts must state job details, pay, leave, and notice terms.
2. Right to Fair Wages & Equal Pay
• Employees must receive wages as agreed in the contract or collective bargaining agreement (s.18).
• Kenya also enforces minimum wage orders under the Labour Institutions Act.
• Equal pay for equal work regardless of gender is protected under Article 27 of the Constitution.
3. Right to Leave
Employees are entitled to various forms of leave, including:
• Annual leave: 21 working days per year (s.28).
• Maternity leave: 3 months with full pay (s.29).
• Paternity leave: 2 weeks with full pay.
• Sick leave: Up to 30 days with full pay and 15 with half pay (s.30).
4. Right to Join Trade Unions
• Protected by the Constitution (Art. 41) and the Labour Relations Act, 2007.
• Employees cannot be victimized for union membership.
5. Right to Fair Termination
• Section 45 of the Employment Act states termination is unfair unless the employer proves a valid reason and fair procedure.
• Valid reasons include misconduct, poor performance, or redundancy — but they must be substantiated.
• Employers must also give notice (s.35) or pay in lieu of notice.
6. Right to Safe Working Conditions
• Governed by the Occupational Safety and Health Act, 2007 (OSHA).
• Employers must ensure safe premises, equipment, and training.
7. Protection Against Discrimination
• Section 5 of the Employment Act prohibits discrimination based on race, sex, disability, religion, or HIV status.
• The Constitution reinforces equality at work (Art. 27).