Career advice · Updated October 2026
Employment Contract in Kenya: What Must Be in Writing Under Sections 9 and 10
A job offer over the phone or a WhatsApp message saying “start Monday” feels like enough, until there is a dispute about pay, leave or notice. An employment contract in Kenya does not have to be on paper to be valid, but the Employment Act, 2007 requires most jobs to be put in writing and lists exactly what the written terms must contain. This guide covers sections 8 to 16, the rules on clearance certificates added in 2022, and a checklist to use before you sign.
Oral contracts count, but most jobs must be in writing
Section 8 says the Act applies to oral and written contracts alike, so you are protected even if nothing was signed. Section 9(1) then requires a written contract where:
- the job is for three months or more, counting the total number of working days; or
- the work could not reasonably be expected to be finished within three months.
That captures nearly every permanent, fixed-term and long project job. Genuine casual work, paid at the end of each day, falls outside it, although a casual worker who stays long enough is converted to a monthly contract under section 37. Our casual workers’ rights guide explains when that happens.
The employer, not you, must draw up the contract
Section 9(2) places the duty on the employer to prepare the written contract with the particulars of employment. You signify consent by signing, or by a thumb or finger print made in front of someone other than the employer (section 9(3)). If you cannot read, or do not understand the language or terms, section 9(4) requires the employer to have the contract explained to you in a language you understand.
What the contract must contain: section 10(2)
| Particular | What to check |
|---|---|
| Your name, age, permanent address and sex | Spelled as on your ID |
| Employer’s name | The legal entity, not just a brand name |
| Job description | Specific enough to show what you were hired to do |
| Start date | The date you actually started work |
| Form and duration of the contract | Permanent, fixed-term (with an end date) or probationary |
| Place of work | One site, or a stated area and the employer’s address |
| Hours of work | Daily or weekly hours and shift pattern |
| Remuneration and how it is calculated | Basic pay, allowances and other benefits |
| Pay intervals | Monthly, fortnightly, weekly or daily |
| Start of continuous employment | Including earlier service that counts, such as with a predecessor company |
Section 10(3) adds more particulars that must be accurate as at a date no more than seven days before you receive them:
- annual leave, public holidays and holiday pay, in enough detail to calculate leave owed at the end;
- sick leave and sick pay;
- pensions and pension schemes;
- the notice you must give and are entitled to receive;
- for a non-permanent job, how long it is expected to last or the fixed end date;
- any collective agreements that affect your terms; and
- for work outside Kenya for more than a month, the period, currency, extra pay and return terms.
Section 11(4) requires these particulars to be in a single document. Where a matter does not apply, section 11(1) says the statement must say so rather than leave it out.
Deadlines and later changes
Section 10(1) allows the particulars to be given in instalments, but no later than two months after employment begins. Section 11(6) says you must still get them even if the job ends before the two months are up.
When a term changes, such as a promotion, transfer or pay review, section 10(5) requires the employer to revise the contract in consultation with you and tell you in writing. Section 13(3) sets the outer limit for a written statement of changes at one month after the change.
Employers with 50 or more staff when you start must also set out disciplinary rules and the person to approach with a grievance or an appeal (section 12). The employer must keep your written particulars for five years after the job ends (section 10(6)).
If you were never given a contract
The law shifts the risk to the employer. Under section 10(7), if an employer fails to produce a written contract or particulars in legal proceedings, the burden of proving or disproving an alleged term falls on the employer. In David Muthui Ndungu v Riley Falcon Security Ltd [2016] KEELRC 1276 (KLR), the court held that where no written contract was issued, the employee’s own oral evidence was enough to prove the employment relationship.
You can also act before any dispute. Section 16 lets you complain to a labour officer if you are not given the section 10 statement or an itemised payslip, and the Employment and Labour Relations Court can decide what particulars should have been included. Failing to give the statement is an offence carrying a fine of up to KSh 100,000, up to two years in prison, or both.
Clearance certificates: what employers can ask for
A 2022 amendment (Act No. 15 of 2022) added rules on clearance certificates such as KRA tax compliance, HELB, CRB and police clearance. Under section 9(5) to (8):
- an employer may not require clearance or compliance certificates from an applicant unless it intends to enter into a contract of service with that person;
- once it intends to hire, it may request mandatory clearances, in line with Chapter Six of the Constitution, and may withdraw the offer if the applicant does not meet them;
- a relevant public entity must not charge a fee for issuing a clearance or compliance certificate for this purpose, and must issue or reject the application within seven days; and
- applicants for state office must still provide certificates when the recruitment process requires.
So a request for five certificates before you have even been interviewed goes against the Act. Our guide to documents required for jobs in Kenya lists what each certificate is for, and Business Radar explains how to get a TransUnion CRB clearance.
Checklist before you sign
- Pay breakdown: basic salary and house allowance shown separately. Run the gross through our net salary calculator so you know your take-home before you accept.
- Probation: no longer than six months, extendable once with your agreement. See our probation period guide.
- Notice: at least 28 days for monthly pay, and the same period for both sides. See our termination notice guide.
- Leave: at least 21 working days a year. See our annual leave guide.
- Hours and overtime: stated hours, and whether overtime is paid. See our guide to working hours and overtime in Kenya.
- Pay level: compare the offer with market pay using our salary checker, and check it is above the legal floor in our minimum wage guide.
- Restrictive clauses: read any restraint of trade, confidentiality or bond clause slowly and ask for anything unclear to be explained in writing.
Keep a signed copy, a photo of each page and the offer email. For a full overview of your rights, see our plain-English guide to the Employment Act, and when you are ready to move, browse the latest administration jobs and jobs in Kenya.
Key takeaways
- Oral contracts are covered by the Act, but any job of three months or more must be in writing.
- The employer must draw up the contract and give you the section 10 particulars within two months of your start date.
- Changes must be agreed with you and confirmed in writing, within one month at the latest.
- If an employer cannot produce a written contract in a dispute, it carries the burden of proving the terms.
- Employers may only ask for clearance certificates once they intend to hire you.
Frequently asked questions
Is a verbal employment contract valid in Kenya?
Yes. Section 8 of the Employment Act applies to oral and written contracts. But section 9 requires jobs of three months or more to be in writing, and if the employer fails to produce written terms in a dispute, section 10(7) puts the burden of proof on the employer.
How long does an employer have to give me a written contract?
Section 10(1) requires the written particulars of employment to be given no later than two months after the job begins. They can come in instalments but must end up in a single document.
Can an employer change my contract without my consent?
Section 10(5) requires the employer to revise the contract in consultation with you when a term changes and to notify you in writing. Section 13 requires a written statement of the change within one month.
Can an employer ask for KRA, HELB and good conduct certificates before hiring me?
Only once it intends to enter into a contract with you. Section 9(5) bars employers from requiring clearance or compliance certificates from applicants they do not intend to hire, except for state office applicants.
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