Career advice · Updated October 2026
Casual Workers' Rights in Kenya: When a Casual Job Becomes a Monthly Contract
Thousands of Kenyans on building sites, flower farms, factory floors, warehouses and hotel kitchens are called “casuals” for years. The label matters less than most people think. Casual workers’ rights in Kenya are set out in section 37 of the Employment Act, 2007, and once a casual has worked long enough, the law treats the job as a monthly contract with notice, leave and protection against unfair dismissal. This guide explains exactly when that happens and how to prove it.
Who counts as a casual employee
Section 2 of the Act defines a casual employee as a person whose terms of engagement provide for payment at the end of each day and who is not engaged for longer than 24 hours at a time. Section 18(2)(a) matches this: a casual’s wages fall due at the end of the day.
So a true casual is hired by the day and paid by the day. Someone paid weekly or monthly, given a fixed roster for months, or told to report every morning “until the project ends” is usually not a casual at all, whatever the gate register says.
The conversion rule in section 37
Section 37(1) says that, despite anything else in the Act, a casual employee’s contract is deemed to be one where wages are paid monthly if the casual:
- works for a period, or a number of continuous working days, that adds up to the equivalent of not less than one month; or
- does work that cannot reasonably be expected to be finished within a period, or number of working days, adding up to the equivalent of three months or more.
When either applies, section 35(1)(c) governs the contract. That is the rule for monthly-paid staff: the job can only be ended by 28 days’ written notice, or pay in lieu, unless there is a lawful reason to dismiss without notice. Our guide to termination notice in Kenya explains how that notice works.
How the days are counted
Section 37(2) stops employers from breaking continuity with a day off. In counting continuous working days, a casual is deemed entitled to one paid rest day after six continuous working days, and that rest day, plus any public holiday in the period, counts as part of the continuous working days. Business Radar’s guide to holiday pay in Kenya covers what you should earn if you work on a public holiday.
What you are entitled to after conversion
Section 37(3) goes further. A converted employee who works continuously for two months or more from the date they started as a casual is entitled to the terms and conditions they would have had under the Act if they had never been engaged as a casual. In practice that opens up:
- Annual leave of at least 21 working days on full pay after every 12 consecutive months (section 28), or 1.75 days for each completed month if the job ends earlier. See our annual leave guide.
- Sick leave of seven days on full pay and seven on half pay a year after two months’ service (section 30). Our sick leave guide has the sick note rules.
- Maternity and paternity leave under sections 29 and 29A.
- Housing: housing or a reasonable housing allowance under section 31, unless your pay is already consolidated to include it.
- A written contract: section 9(1) requires a contract for three months or more to be in writing.
- An itemised pay statement: section 20 requires one with every payment, and its exemption for casuals no longer applies once you are not a casual.
- Notice, a fair reason and a fair hearing before you are let go (sections 35, 41, 43 and 45), and a certificate of service when the job ends (section 51).
Section 37(4) gives the Employment and Labour Relations Court power to vary a casual’s terms and declare the person employed on terms consistent with the Act. That is how many long-serving casuals have recovered leave pay, notice pay and compensation.
Rights you have even as a genuine casual
Being a true day worker does not put you outside the law. You are still protected against discrimination (section 5) and sexual harassment (section 6), your wages must be paid in money (section 17), and deductions are limited by section 19.
Minimum wage also applies. Under Legal Notice 108 of 2026, the minimum daily rate for a general labourer from 1 May 2026 is KSh 868.44 in Nairobi, Mombasa, Kisumu, Nakuru and Eldoret, KSh 797.80 in Mavoko, Ruiru and Limuru, and KSh 487.94 in all other areas. Daily rates already include housing allowance. Our minimum wage guide lists other jobs, and the general labourer salary page puts those rates in context.
Proving continuous work: the evidence that wins cases
Conversion is not automatic in practice. A worker who goes to a labour officer or court usually has to show that the work was continuous. The Court of Appeal made this clear in Rashid Mazuri Ramadhani & 10 others v Doshi & Company (Hardware) Limited (2018). The workers there had been engaged on and off for years, but the evidence showed they worked in rotation, about two days a week, depending on whether materials were available. The court held that their casual engagement had not converted under section 37, so claims such as notice, leave and service pay failed.
The lesson is that years on the books are not enough on their own; the pattern of work is what counts. Start building a record now:
- M-Pesa or bank statements showing payments for consecutive days or weeks.
- Photos of muster rolls, gate passes, job cards, staff ID or uniform issued to you.
- WhatsApp messages assigning shifts or telling you to report the next day.
- Names of colleagues who worked alongside you and can confirm the pattern.
- Any NSSF or SHA statement showing contributions made by the employer for you.
The law also helps. Section 74 requires employers to keep employment records, and section 10(7) says that if an employer fails to produce a written contract or the written particulars in legal proceedings, the burden of proving or disproving an alleged term of employment shifts to the employer.
How to claim your rights
- Ask in writing first. A short letter or email to the employer saying how long you have worked continuously and asking to be put on a written contract under section 37 is often enough, and it creates evidence.
- Go to the labour officer. Section 37(5) lets an aggrieved casual file a complaint with the county labour office, handled under section 86. It is free and you do not need a lawyer.
- File at the Employment and Labour Relations Court if the matter is not resolved. Section 89 sets a limit of three years from the act complained of, or 12 months after a continuing injury stops, so do not wait.
If you are let go, work out what you are owed with the terminal dues calculator, and check what your pay should be after deductions with the net salary calculator. Overtime on long site days can be checked with the overtime calculator.
A note for employers and site managers
Using casuals for genuinely short, irregular work is lawful. Keeping the same people on a rolling daily basis for months to avoid leave and notice is not, and it usually costs more when a claim arrives with back pay for leave, notice and compensation. Once a casual passes the section 37 thresholds, issue a written contract, add the person to payroll and keep proper records. Our plain-English guide to the Employment Act covers the other duties that then apply, and our probation guide sets out the rules if a new written contract includes a probation period.
Looking for steadier work? Browse the latest jobs in Kenya or engineering and construction jobs.
Key takeaways
- A casual employee in Kenya is hired and paid by the day and engaged for no more than 24 hours at a time.
- Under section 37, a casual who works continuously for the equivalent of a month, or on work needing three months or more, is deemed to be on a monthly contract with 28 days’ notice.
- After two months of continuous work, the converted employee gets the full terms of the Employment Act, including leave and protection from unfair dismissal.
- Rest days and public holidays count toward continuous working days.
- Keep payment records and shift messages: courts look at the real pattern of work, not the job title.
Frequently asked questions
How long can someone be a casual worker in Kenya?
There is no fixed limit on the label, but under section 37 of the Employment Act a casual who works continuously for the equivalent of one month, or on work that needs three months or more, is treated as a monthly-paid employee entitled to 28 days' notice.
Do casual workers in Kenya get annual leave?
A genuine day-by-day casual does not. Once the contract has converted under section 37 and the worker has been continuous for two months or more, they get the same terms as other employees, including annual leave under section 28.
Can a casual worker be dismissed without notice?
A true casual can be stood down at the end of any day. A worker whose contract has converted under section 37 must get 28 days' written notice or pay in lieu, plus a valid reason and a fair hearing.
Where does a casual worker report an employer in Kenya?
Section 37(5) allows a complaint to the county labour officer. You can also file a claim at the Employment and Labour Relations Court within three years.
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