Kenya

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Country Snapshot

The GPS Country Snapshot includes 25 sections of information about labor law compliance in Kenya. See a sample of popular sections below.

Termination of Employment

The labor law delineates the types of notices required for different employment contracts. The notice must be given in writing in all cases. Its duration can be increased by an agreement between employees and employers.

There is also a provision for payment in lieu of notice, permitted for terminated contracts with wages paid in intervals over one month long. In this case, the employer must pay the terminated employee the amount they would have earned during the notice period before termination.

Employers are not required to provide employees with a notice period if the employee is dismissed for gross misconduct.

Work Permits

All foreign citizens must be in possession of a work/resident permit or an exemption before accepting employment in Kenya. Categories of permits include:

  • Class A - Miners or those prospecting for minerals
  • Class B - Agriculture and animal breeding industry prospects
  • Class C - Prescribed profession
  • Class D - Employee offered employment
  • Class F - Specific manufacturing (proof of investment is necessary)
  • Class G - Investors in a specific trade, business, or consultancy (proof of investment is necessary)
  • Class I - Work/residence permit for a missionary pre-approved by the Government of Kenya
  • Class K - Residence permit for individuals at least 35 years old with foreign income who will not undertake paid employment in Kenya (proof of foreign income is necessary).
  • Class M - Conventional refugees

Paid Annual Leave

Female employees are entitled to 3 months of maternity leave with full pay. Upon agreement with their employer, they may extend their maternity leave beyond the allocated 3 months, should complications arise during or after childbirth. The employee must provide the employer with at least 7 days' written notice that states the start date of their maternity leave as well as the date of return to work.

Employers are prohibited from dismissing employees on the grounds of pregnancy.

Working Hours

In Kenya, the standard workweek cannot exceed 52 hours over six working days. For persons employed in night work, weekly working hours cannot go over 60. All employees are entitled to at least one day of rest for every seven workdays.

Maternity Leave

Female employees are entitled to 3 months of maternity leave with full pay. Upon agreement with their employer, they may extend their maternity leave beyond the allocated 3 months, should complications arise during or after childbirth. The employee must provide the employer with at least 7 days' written notice that states the start date of their maternity leave as well as the date of return to work.

Employers are prohibited from dismissing employees on the grounds of pregnancy.

Minimum Wage

The current minimum wage rates range from KES 8,109.90 (Kenyan shillings) to KES 34,302.75 per month and differ based on industry, job grade, and geographic region.

Employers' failure to pay statutory minimum wage is considered an offense, punishable by a fine of up to KES 100,000 and imprisonment of 2 years.

Country Profile

The GPS Country Profile contains detailed information on over 60 topics related to labor law compliance within Kenya.
  • Type of Employment Relationship
  • Permanent Employment
  • Fixed-Term or Specific-Purpose Contracts
  • Temporary Employment Contracts
  • Part-time Employment
  • Young Worker Employment
  • Vendors and Independent Contractors
  • Types of Contracts
  • Probationary Period
  • Termination of the Contract of Employment
  • Grounds for Termination
  • Notice of Dismissal
  • Fair Dismissal
  • Redundancy
  • Unfair Dismissal
  • Suspension of Contract of Employment
  • Severance Benefits
  • Hours of Work
  • Work Week and Timekeeping
  • Night Work and Shift Work
  • Overtime
  • Remote Work
  • Required Time Off
  • Public Holidays
  • Annual Leave
  • Sick Leave
  • Maternity
  • Other Forms of Leave
  • Social Insurance and Retirement
  • Social Security Contribution
  • National Retirement Scheme
  • Dependents’/Survivors Benefit
  • Life and Disability Insurance/Benefit
  • Statutory Allowances
  • Compensation and Benefits
  • Minimum Wage (Basic Wage)
  • Bonuses, Profit Sharing and Other Compensation
  • Medical Insurance
  • Work Environment
  • Workplace Safety and Health
  • Prohibition of Discrimination
  • Prohibition of Harassment
  • Data Protection and Privacy
  • Whistleblowers and Retaliation
  • Workers’ representation in the organization
  • Freedom of Association
  • Registration and Recognition of Unions
  • Trade Union Personality
  • Collective Bargaining and Agreements
  • Disputes and Settlements
  • Strikes and Lockouts
  • Unfair Labor Practices
  • Taxation of Compensation and Benefits
  • Income Tax
  • Taxation of Employee Benefits
  • Tax Filing and Payment Procedures
  • Double Tax Relief and Tax Treaties
  • Visas and Work Permits
  • Visas
  • Work Permits and Residence Permits

 Country Snapshot

Get the full Country Snapshot with 25 sections of information about labor law in Kenya.