Overtime Pay in Kenya: Your Rights Under the Employment Act
Working beyond normal hours in Kenya? You are entitled to overtime pay of at least 1.5x your normal rate. Here is what the Employment Act 2007 says and how to claim it.
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Direct Answer
Under the Employment Act 2007 and applicable Wages Orders, employees who work beyond the normal 52-hour week (or the hours set in their contract) are entitled to overtime pay. The standard overtime rate is 1.5 times the regular hourly rate for weekday overtime and 2 times for work on rest days and public holidays. If your employer is not paying overtime, you can report to a Labour Officer — free.
What the Law Says
Your Legal Foundation
Employment Act 2007
Section 27
“No employee shall be required to work for more than fifty-two hours in any one week.”
Employment Act 2007
Section 28
“An employee required to work in excess of the normal contractual hours shall be entitled to overtime pay at a rate not less than one and a half times the employee's basic hourly rate.”
Constitution of Kenya 2010
Article 41(2)(a)
“Every worker has the right to reasonable working conditions.”
What to Do
Step-by-Step Guide
1Track your overtime hours. Keep a daily record of the hours you work, including start and end times. If your employer uses a clocking system, request copies of your clock-in records.
2Calculate what you are owed. Your hourly rate = monthly salary ÷ (52 × 12 ÷ 52). Multiply overtime hours by 1.5 for weekday OT or 2.0 for rest day/public holiday OT.
3Raise it in writing with your employer first. Send an email or letter setting out the hours worked and the amount outstanding. This creates a record and gives your employer a chance to pay before you escalate.
4If not resolved, visit the Labour Office. A Labour Officer has the power to compel payment of outstanding overtime and any applicable interest. Filing is free.
5For larger claims, the Employment and Labour Relations Court handles overtime disputes. You do not need a lawyer to file — the court has procedures for self-represented claimants.
What to Say
Exact Words to Use
“"I have worked [X] hours of overtime during [period] that have not been paid at the rate of 1.5x my basic hourly rate as required under Section 28 of the Employment Act 2007. I request payment of KSh [amount] within five working days."”
Tone: Written — to your employer or payroll department
Common Questions
Frequently Asked Questions
My contract says I may be required to work overtime without extra pay — is that legal in Kenya?
No. A contract clause waiving the right to overtime pay is void to the extent it conflicts with the Employment Act. The Act sets a floor — your employer cannot contract out of paying overtime for hours beyond 52 per week.
I am a manager or supervisor — am I entitled to overtime in Kenya?
It depends on your contract and sector. Senior managers who set their own hours are often excluded. However, if your contract specifies working hours and you regularly exceed them at your employer's direction, you likely qualify for overtime regardless of your title.
What counts as "overtime" — is it daily or weekly in Kenya?
Kenya calculates overtime on a weekly basis — hours beyond 52 per week. However, your employment contract may provide more favourable daily overtime thresholds. Always check your contract against the statutory minimum.
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