22 December 2025
Employment contracts are the foundation of every workplace relationship. In Kenya, they are governed by the Employment Act, 2007, which sets minimum standards that cannot be waived.
What is an employment contract?
It is a legally binding agreement between an employer and an employee setting out rights, duties, and expectations.
Contracts may be:
- Written
- Oral (for short-term work, though risky)
Employers must provide written contracts for engagements exceeding three months.
Mandatory clauses under Kenyan law
Every employment contract must include:
- Job title and duties
- Wages and payment intervals
- Working hours
- Leave entitlements
- Termination notice
- Disciplinary procedures
Common mistakes
- Using generic templates
- Missing termination clauses
- Ignoring statutory leave
Both employers and employees suffer when contracts are unclear.
Why proper contracts matter
Clear contracts reduce disputes, protect rights, and support compliance.
By Annah Kamau, Founder – A.N. Kamau & Co. Advocates
