The Employment Act 2007 is the backbone of the Kenyan employment relationship. Most disputes that reach the Employment & Labour Relations Court trace back to one of a small number of recurring compliance gaps. This article walks through the Act in the order an employer encounters it — pre-hire, hire, employment, exit — and converts the legal text into a checklist you can audit against.
Pre-hire
- ☐ Written job description for every role.
- ☐ Salary band agreed before publishing the ad.
- ☐ No discriminatory language in the ad (s.5: prohibition of discrimination on race, sex, pregnancy, marital status, HIV status, disability, religion, etc.).
At hire
- ☐ Written contract for any engagement of more than 3 months (s.10). Must include name & address of employer, name & address of employee, job title, place and date of commencement, duration, hours, leave entitlement, pay particulars, and termination notice period.
- ☐ Probation period in writing if used (s.42 — typically 6 months, max 12, terminable on 7 days' notice).
- ☐ Statement of particulars provided to the employee within 2 months of starting.
During employment
- ☐ Wages paid in full and on time (s.17). No unauthorised deductions.
- ☐ Itemised pay slip every pay period (s.20).
- ☐ Records kept for at least 5 years (s.74).
- ☐ Annual leave of at least 21 working days after 12 consecutive months of service (s.28).
- ☐ Sick leave of at least 7 days at full pay + 7 days at half pay per 12 months (s.30).
- ☐ Maternity leave: 3 months at full pay (s.29). Paternity leave: 2 weeks at full pay.
- ☐ Public holidays observed (Public Holidays Act).
- ☐ Hours of work and overtime: max 52 hours per week unspoken; overtime at 1.5x weekday, 2x rest days/holidays.
Health, safety, and welfare
- ☐ Occupational Safety and Health Act 2007 compliance (separate from the Employment Act but sits alongside it).
- ☐ Workplace risk assessment documented annually.
- ☐ First-aid trained personnel on site.
Discipline and termination
- ☐ Written warning system before summary dismissal except in cases meeting the s.44 grounds.
- ☐ Pre-termination hearing mandatory (s.41) — employer must explain reasons and give the employee an opportunity to be heard, with a representative present if requested.
- ☐ Notice period in line with contract; minimum 28 days for monthly-paid employees unless contract specifies longer.
- ☐ Service pay, accrued leave, and certificate of service issued at exit (s.51).
Redundancy
- ☐ 1 month written notice to the employee and the labour officer.
- ☐ Selection criteria objective and documented.
- ☐ Severance pay of at least 15 days per completed year of service.
- ☐ Notice period or pay in lieu.
Dispute resolution
- ☐ Internal grievance policy in writing.
- ☐ Conciliation through the Ministry of Labour before litigation.
- ☐ Employment & Labour Relations Court for unresolved disputes.
Common compliance gaps we see
- No written contracts for staff under 3 months who roll over without re-papering.
- Pre-termination hearings skipped — the single most common reason for unfair-dismissal awards.
- Casuals reclassified retroactively. A worker engaged as a casual for more than 3 months is by operation of law a term employee.
Key takeaways
- Most Employment Act risk is preventable with a 2-page internal checklist run on every hire and exit.
- The s.41 pre-termination hearing is non-negotiable.
- Records for 5 years — even after exit.
This article is informational and not legal advice. Consult a Kenyan employment lawyer for case-specific questions.