A Simple Guide to Employment Law
Clear, practical guide to employment law in Kenya — rights, leave, contracts, termination steps, and how LexLuma can help you get quick legal clarity.
Understanding your rights at work is important — whether you’re an employer or employee. The Kenya Employment Act provides rules that protect workers while helping businesses operate fairly.
This guide breaks down key parts of Kenya’s employment law in a simple way — and shows how LexLuma, an AI Legal Assistant, can help you get quick clarity anytime.
➡️ Ask legal questions instantly: https://chat.lexluma.com
🏛️ What Law Governs Employment in Kenya?
The main source of employment rights in Kenya is:
- Employment Act, 2007 (with amendments)
- Labour Institutions Act
- Labour Relations Act
- Occupational Safety and Health Act (OSHA)
- Work Injury Benefits Act (WIBA)
Court decisions and Gazette Notices also guide how these laws are applied.
👩⚖️ Key Employee Rights in Kenya
Every employee is entitled to:
| Right | What It Means |
|---|---|
| Written Contract | Must include job role, salary, working hours |
| Fair Pay | At least minimum wage and equal pay for equal work |
| Safe Working Conditions | Protection from hazards, harassment |
| Leave Benefits | Annual, maternity/paternity, sick leave, holidays |
| Certificate of Service | Must be given when leaving employment |
| Fair Disciplinary Process | Right to a hearing before termination |
Employers must follow the law at all times — even during probation.
📅 Leave Entitlements in Kenya (Quick Breakdown)
| Leave Type | Minimum Provision |
|---|---|
| Annual Leave | 21 working days per year |
| Maternity Leave | 3 months with full benefits |
| Paternity Leave | 2 weeks |
| Sick Leave | At least 30 days (15 full pay, 15 half pay) |
| Public Holidays | Paid time off |
Policies may provide more but not less.
💼 Types of Employment Contracts
| Contract Type | Features |
|---|---|
| Permanent | Ongoing employment with full benefits |
| Fixed-Term | Ends on a set date or event |
| Casual | Paid daily; no long-term commitment |
| Probation | Initial evaluation period (max 6 months, extendable to 12 with consent) |
Even casual work can become permanent if it continues month-to-month.
⚠️ Termination of Employment — What Is Required?
Termination must always be fair, meaning:
- Valid reason (e.g., performance, misconduct, redundancy)
- Proper procedure followed
✔️ Fair Procedure Steps
- Issue written notice of allegations
- Employee gets a chance to respond
- Hearing with a fellow employee present
- Final decision must be explained in writing
Failing to follow these steps can result in unfair dismissal claims.
🧾 Redundancy Rules (Simplified)
If a position is declared redundant, the employer must:
✔ Give one-month written notice
✔ Notify the Labour Office
✔ Follow fair selection criteria
✔ Pay redundancy benefits (if contract or CBA says so)
💰 Notice and Severance Pay
| Situation | Minimum Notice |
|---|---|
| Monthly Pay | 1 month |
| Weekly Pay | 1 week |
| No notice | Pay in lieu of notice |
Unfair dismissal may lead to compensation up to 12 months' salary (court-awarded).
🧑⚖️ When Should You Seek Help?
If you are experiencing:
- Wrongful termination
- Unpaid wages or benefits
- Discrimination or harassment
- Unsafe work environment
- Redundancy without procedure
Legal support can help you understand your rights.
💡 How LexLuma Helps
LexLuma can assist with:
✔ Explaining your employment rights
✔ Summarizing relevant court judgments
✔ Drafting complaint letters or requests
✔ Providing clear steps for next actions
➡️ Chat with LexLuma now: https://chat.lexluma.com
❓ Common Employment Questions (FAQs)
Can an employer fire you without a hearing?
No. A hearing and valid reason are required under the Employment Act.
Can a pregnant employee be dismissed?
Not because of pregnancy — that is discrimination and unlawful.
Is a verbal contract valid?
Yes, but a written contract is required if employment lasts 3+ months.
Are interns protected by law?
Yes. They should receive protection under labour laws.
🔍 Final Takeaway
Kenyan employment law protects both workers and employers — but interpretation can be confusing. When in doubt, get legal clarity fast.
👉 Try LexLuma today: https://chat.lexluma.com
Clear, trusted legal insights — anytime.
