Kenya's primary employment statute governs minimum terms: notice periods, termination procedures, leave entitlements, and the fairness test for dismissal. Unfair termination entitles an employee to up to 12 months' wages as compensation.
The Employment Act, 2007 (No. 11 of 2007) is the principal statute governing contracts of service in Kenya. Key provisions include: **Termination**: An employer must have a valid reason (conduct, capacity, or operational requirements) and follow fair procedure. Procedure requires notice of the reason for dismissal, an opportunity to be heard, and the right to be represented by a fellow employee or union official. Without a fair reason or fair procedure, the dismissal is unfair. **Notice**: Minimum notice is graduated by length of service (e.g. 28 days after 1 year). Payment in lieu of notice is permissible. **Leave**: Annual leave (21 working days after 12 months), sick leave (7 days full pay + 7 days half pay per year), maternity leave (3 months with full pay), paternity leave (2 weeks). **Remedies**: The Employment and Labour Relations Court can order reinstatement or compensation of up to 12 months' wages for unfair termination. **Summary dismissal**: Lawful only for gross misconduct (e.g. theft, assault, dishonesty) proved after hearing the employee.
A supervisor fires a warehouse worker on the spot for arriving late, without any hearing. Under the Employment Act, this is both substantively and procedurally unfair. The ELRC can award the worker up to 12 months' compensation.
The Advocate covers Kenyan law and Scripture — 389 real scenarios across 7 countries with exact rebuttals and law references. Free to start.
Explore Kenyan Rights — Free