EMPLOYEE RIGHTS IN KENYA: WHAT EVERY WORKER SHOULD KNOW

Every worker has a right to a workplace that respects their rights. Kenyan labor regulations are in place to protect employees against exploitation, unjust treatment, and poor working conditions.  However, a large number of workers are still unaware of their rights, making them susceptible to abuses including discrimination at work, unjust terminations, or underpaid salaries. This blog post outlines the key employee rights in Kenya, highlighting what every worker should know to ensure fair treatment and legal protection in the workplace.

Key labor laws are primarily governed by the following statutes:

  • Employment Act 2007
  • Labor Relations Act 2007
  • Work Injury Benefits Act 2007
  • Occupational Safety and Health Act 2007

LEGAL  PROTECTION OF EMPLOYEE RIGHTS 

  1. PROTECTION OF WAGES 

The main reason that people in society work is to get an income to support themselves and their families. A wage is an amount of money paid periodically for work or services done. Remuneration according to S7 of the Employment Act 2007 means, the total value of all payments in money or owing to an employee arising from the employment of that employee. The Constitution of Kenya 2010, Article 41, provides a right to fair remuneration. In a landmark case, called the Harvester Case, Higgins J stated that the employee was entitled to wages that met the normal needs of an average employee, regarded as a human being in a civilized society. 

The employer also has a duty to pay the entire amount that he owes the employee. The employer must make payment on a working day during working day and during working hours at the place of employment or near the place of employment or any other place that is agreed upon between the parties. 

An employer who fails to make the payment of wages in accordance of the law shall be liable to an offence and will be fined Ksh 100,000 or imprisonment for two years or both. 

        2. HOURS OF WORK 

An employer has the power to regulate work hours but an employee shall be entitled to at least one rest day in every period of 7 days. In the case of Joseph Okindo & Ronald Barasa v Vapor Sport Ministries (Industrial Cause No 2018 of 2012), the court ruled in favor of two security guards who were unfairly dismissed without due process. Despite working 72-hour weeks, they were denied proper overtime pay. The court awarded them compensation for unfair termination, unpaid overtime, leave, service pay, and notice pay, totaling over Ksh. 450,000 each

        3. ANNUAL LEAVE 

An employee shall be entitled to annual leave of not less than 21 working days with full pay

        4. MATERNITY LEAVE

A female employee shall be entitled to 3 months maternity leave with full pay. Once the 3 months are over, the female employee has the right to return to the job which she held immediately prior to her maternity leave or to a reasonable suitable job on the terms and conditions that are not less favorable than those which applied to her before she went on maternity leave. A maternity shall be entitled to two weeks paternity leave with full pay. 

        5. SICK LEAVE 

An employee is entitled to a minimum of seven days of paid sick leave with full pay after two months of continuous service with an employer, followed by an additional seven days of sick leave at half pay within a 12-month period; all requiring a medical certificate from a qualified practitioner to be eligible. In Banking Insurance and Finance Union on Kenya v Barclays Bank of Kenya Ltd (Industrial Cause No 1560 of 2013), the Banking, Insurance & Finance Union (BIFU) filed a claim on behalf of Mr. Silas Koome, alleging unlawful and unfair dismissal by Barclays Bank. Mr. Koome, employed by Barclays since 1996, was dismissed in 2013 following allegations of misconduct related to his involvement in lending money to other staff at interest rates higher than those offered by the bank. The court found that the bank had conducted a fair disciplinary process, providing Mr. Koome with an opportunity to defend himself against the allegations. Consequently, the court upheld the dismissal, concluding that it was both lawful and fair.

      6. HOUSING AND HOUSING ALLOWANCE 

Reasonable housing accommodation or a fitting housing allowance is an employee's right. Additionally, workplaces must ensure clean drinking water and proper medical care during work hours. 



This topic is too broad for one post! Stay tuned for more insights in my next post. 

 

 Disclaimer- The information provided is for general informational purposes only and should not be considered as professional advice. Please consult a qualified professional for specific guidance. 

 REFERENCES

Labor Law Notes: General Notes on Labor, Mount Kenya University. Available at: https://www.studocu.com/row/document/mount-kenya-university/law/labor-law-notes-general-notes-on-labor/21555897







Comments

Post a Comment

Popular posts from this blog

VITIATING FACTORS: WHEN CAN A CONTRACT BE SET ASIDE. PART 2

Last week, I published a blog post discussing two key vitiating factors in contract law, that is, misrepresentation and mistake , see VITIATING FACTORS IN CONTRACT LAW . These factors can render a contract void or voidable. This week, I will delve into the remaining two: duress and undue influence , and illegality . These doctrines also play a crucial role in determining the validity of agreements, particularly in cases where one party’s consent was obtained unfairly or where the contract itself violates legal principles. Let’s break them down.          3. DURESS AND UNDUE INFLUENCE   No force or coercion should be used to secure an agreement. If a party does enter a contract because he/she was coerced by the other party, then the law recognizes that the contract should be set aside and the party coerced should be relieved of their own obligations under the contract. If various elements of the contract are proved, then the contract would be void rathe...
Read more

VITIATING FACTORS IN CONTRACT LAW:WHEN CAN A CONTRACT BE SET ASIDE?

In contract law, the principle of freedom of contract allows parties to enter into legally binding agreements. However, not all contracts remain enforceable. Certain vitiating factors can undermine the validity of a contract, making it void or voidable. This blog examines these vitiating factors, exploring when and how a contract may be set aside.  A vitiating factor is one that may operate to invalidate an otherwise validly formed contract, that is a contract that conforms to all the rules of formation that I had already identified for you in one of my previous blog. (See  UNDERSTANDING CORE ELEMENTS OF A VALID CONTRACT ) To vitiate, basically means to impair the quality of, to corrupt or to debase. The role of law is to provide a remedy to the party who may not have wished to enter the contract given the full knowledge of the vitiating factor at the time of formation.  There can be two effects if a contract is vitiated: it may be void or voidable . Whether the contract...
Read more

MY JOURNEY THROUGH LAW SCHOOL

I know most of my blog posts are usually about breaking down and simplifying legal concepts, but today, I want to do something different. I want to pause the educating and take a moment to share my journey through law school, raw, unfiltered, and straight from the heart. My hope is that as you read this, you’ll be reminded that it’s okay to stumble, it’s okay to take time to find your path, and most importantly, it’s okay to be human. If you’ve ever felt like giving up, I hope this encourages you to keep going and stay focused on your goal. You’re not alone.  I’ve spent the last few years walking through one of the most demanding yet beautiful journeys of my life, law school. From the moment I received my admission letter, I knew my life was about to change, but I didn’t fully grasp just how much I would grow, learn, and evolve not just as a future lawyer, but as a woman of purpose, discipline, and faith. Now, as I prepare to turn the page and step into a new season, I feel led to...
Read more