Kenya

The monthly minimum wage varies depending on industry and geographical location and ranges from 13,572.90 KES for a cleaner or gardener to 30,627.45 KES for a cashier or heavy commercial driver.

After two consecutive months of service, employees are entitled to sick leave of up to 30 days at full salary followed by 15 days at half salary in each period of 12 consecutive months of service.

All sickness leave requires a professional medical certificate of incapacity to work.

An employee is entitled to a minimum of 21 days of paid annual leave after completing one year of employment. Under the New Labour Law, new employees are entitled to annual vacation from the 7th month of their employment commencement.

An employer may with the employee’s consent, divide the minimum annual leave entitlement into different parts to be taken at different intervals, however, the New Labour Law entitles an employee to 10 consecutive calendar days of leave at least once out of the minimum 15 calendar days leave.

Public holidays that fall on a Sunday are moved to the following Monday as a day off in lieu.

The religious holidays are determined by the lunar cycle and will be confirmed nearer the date of the holiday.

Date Day Holiday Notes
1 Jan 2024-Monday-New Year’s Day
29 Mar 2024-Friday-Good Friday
1 Apr 2024-Monday-Easter Monday
10 Apr 2024-Wednesday-Idd ul Fitr
1 May 2024-Wednesday-Labour Day
10 May 2024-Friday-National Tree Growing Day
1 Jun 2024-Saturday-Madaraka Day
17 Jun 2024-Monday-Idd ul Azha-Tentative
10 Oct 2024-Thursday-Moi Day
20 Oct 2024-Sunday-Mashujaa Day
21 Oct 2024-Monday-Mashujaa Day Observance
31 Oct 2024-Thursday-Diwali-Tentative
12 Dec 2024-Thurday-Jamhuri Day
25 Dec 2024-Wednesday-Christmas Day
26 Dec 2024-Thursday-Boxing Day

Employers can terminate employees’ employment for the following reasons –performance, redundancy, and any other substantial reason that may justify dismissal,or worker misconduct. It requires notice and a written explanation for the termination. If the reason is misconduct, a warning needs to be given with the employee given a chance to explain his/her actions.

When the employer initiates the termination of an employment agreement, the employer must pay final wages on the termination date.

Notice Period

Notice periods in Kenya are as follows:

Employees terminated during the probationary period should be given at least seven days’ notice.

If the employee is being paid daily, notice is not required.

If the employee is being paid periodically (weekly or bi-weekly), the notice is one week or two weeks, accordingly.

If the employee is being paid monthly a month’s notice is required.

Severance Pay

Severance pay is payable at the rate of 15 days for every year worked and is only payable in cases where termination is on account of redundancy. In cases of termination for other reasons other than redundancy, service pay is payable at a rate equal to that of severance pay.

Probation Period

The probation period in Kenya is cannot be more than to six months, and can be extended up to an additional 6 months, with the employee’s consent. A probationary contract must be in writing and state it is for a probationary period. If the employer dismisses the employee during this time, seven days’ notice or payment in lieu must be given. A probationary worker’s base salary must be the same as the base salary of the same position.

Kenya’s immigration system provides several options for employers of foreign nationals. Most business travelers must apply for an eVisa to enter the country. Port-of-entry immigration officers will determine the authorized length of stay in Kenya, which is usually a maximum of 30 days, extendable twice for 30 days each at the Immigration Department in Kenya for a maximum of 9 0 days .

The Special Pass allows foreign nationals to conduct work activities for up to 90 days. Special Pass applications are filed at the Kenya Immigration Department Headquarters before the foreign national travels to Kenya.

The long-term work permit (Class D Permit) is suitable for skilled and experienced professionals or technical workers and it requires sponsorship from a Kenyan legal entity. Work permits are issued for one or two years and can be renewed for similar periods.