About this Act
The Employment Act consolidates and reforms the law relating to employment in Kenya, giving effect to the labour relations provisions of the Constitution. It governs the formation and termination of contracts of service, working conditions, protection of wages, and the resolution of employment disputes.
This page presents the Act's full structure. Expand any Part below to view its Sections, or use the structure panel on the left to jump directly to a known provision.
Parts & Sections
Section 1 — Short title
Cites the short title by which this Act may be referred to.
Section 2 — Interpretation
Defines key terms used throughout the Act, including "employee," "employer," and "contract of service."
Section 35 — Termination by notice
Sets out the minimum notice periods required to lawfully terminate a contract of service, varying by the frequency of wage payment.
Section 41 — Procedure before termination
Requires an employer to explain the reasons for termination to the employee and hear their representations before deciding.
Section 43 — Proof of reason for termination
Places the burden on the employer to prove the reason for terminating an employee's contract.
Section 44 — Summary dismissal
Defines the limited circumstances of gross misconduct that permit an employer to dismiss an employee without notice.
Section 45 — Unfair termination
Establishes the standard for assessing whether a termination was unfair, considering both procedure and substantive justification.
Section 49 — Remedies for wrongful dismissal
Sets out the remedies available to an employee found to have been unfairly or wrongfully dismissed, including compensation.
Section 5 — Discrimination prohibited
Prohibits discrimination in employment on prohibited grounds, giving effect to the equality provisions of the Constitution.
Section 6 — Sexual harassment
Defines sexual harassment in the workplace and sets out employer obligations to prevent and address it.
Section 9 — Contracts of service
Sets out requirements for written particulars of employment for contracts exceeding a specified duration.
Section 17 — Itemized pay statement
Requires employers to provide employees with a written statement of wages and deductions at the time of payment.
Section 19 — Deductions from wages
Restricts the circumstances in which an employer may lawfully deduct sums from an employee's wages.
Amendment history
Act enacted
The Employment Act is assented to and published, consolidating prior employment law into a single statute.
Section 45 amended
The standard for assessing unfair termination is revised by a subsequent Statute Law (Miscellaneous Amendments) Act.
View amending instrument →Further amendment under consideration
A Bill proposing changes to notice-period provisions is currently before Parliament.
Track this Bill →