Career advice · Updated October 2026

Probation Period in Kenya: How Long It Lasts, Notice and Your Rights

Almost every new job in Kenya starts with a trial period, and most new hires sign it without asking what it actually allows. The probation period in Kenya is governed by section 42 of the Employment Act, 2007 and by a line of court decisions that have changed how probationary employees can be let go. This guide explains how long probation can last, how much notice you are owed, and what happens if your employer neither confirms you nor ends your contract.

What counts as a probationary contract

Section 2 of the Employment Act defines a probationary contract as a written contract of not more than twelve months that expressly states it is for a probationary period. Two things follow:

• If your letter of appointment does not say you are on probation, you are generally not on probation, whatever your manager says later.
• Probation is a stage of your employment, not a separate unpaid trial. You are an employee from day one, with a salary, statutory deductions and leave accruing.

Before you sign, read the probation clause in your offer letter. Check its length, the notice period during probation and whether it mentions extension. Our guide to the documents required for jobs in Kenya covers the paperwork you will be asked for at the same stage.

How long can probation last?

Section 42(2) and (3) set the limits:

• Probation cannot be longer than six months to start with.
• It may be extended for a further period of up to six months, but only with your agreement.
• No employer may keep you on probation for more than that combined total, so the absolute maximum is twelve months.

Three months is common for junior and mid-level roles. Six months is typical for management, banking and many NGO posts. If your employer wants to extend, it should tell you before the original period ends, explain why, and get your agreement, preferably in writing. An extension imposed without your consent is not one the Act allows.

Notice during probation

Under section 42(4), either side can end a probationary contract by giving at least seven days’ notice, or the employer can pay seven days’ wages instead of notice. Your contract can give you more, for example 14 days or a month, and many do. It cannot give you less.

The same rule applies when you are the one leaving. If a better offer comes during probation, give the notice in your contract in writing so that your final pay is not reduced for short notice. See our guide on terminal dues for what should be in your final pay, and estimate it with the terminal dues calculator.

Can you be dismissed during probation without a reason?

This is where the law has moved. Section 42(1), as written, says the hearing procedure in section 41 does not apply when a probationary contract is ended. Section 41 requires an employer to explain the reason for a dismissal on grounds of misconduct, poor performance or physical incapacity, and to hear the employee’s response, with a colleague or union representative present.

In Kibuchi & 6 others v Mount Kenya University (Petition 94 of 2016), decided on 30 July 2021, the Employment and Labour Relations Court held that section 42(1) is unconstitutional and void to the extent that it removes probationary employees from section 41. The court found it inconsistent with Article 41 (fair labour practices) and Article 47 (fair administrative action) of the Constitution.

Later decisions have applied this. In 2023 the court in Ambogo v Sameer Agriculture and Livestock held that probationary employees are entitled to be heard before their contracts are ended, and in a 2025 decision involving Fairmont Mount Kenya Safari Club the court said employers must show a valid reason and follow a fair procedure.

In practical terms, for an employer to end your probation fairly, it should:

1. Tell you, in a language you understand, why it is considering ending your contract, such as specific performance gaps or conduct issues.
2. Give you a chance to respond, and consider what you say.
3. Give the contractual notice, at least seven days, or pay in lieu.

Probation still lets an employer decide you are not a fit. What it no longer allows is ending your contract with no reason and no hearing.

Confirmation: what if nobody says anything?

Many employers forget to confirm staff after probation. Courts have treated an employee who keeps working after probation ends, without an extension or a termination, as confirmed in employment. In Francis Aboge Oduk v Hasbah Kenya Limited (2020), the court found the employee had been constructively confirmed once the six-month period ran out without a written extension. Even so, it is worth asking HR for a confirmation letter. It helps with bank loans, SACCO membership and future job applications.

Your rights while on probation

Probation does not suspend the basics. While on probation you are still entitled to:

• At least the gazetted minimum wage for your job and town, and your contracted salary.
• NSSF, SHIF and Housing Levy contributions from your employer, shown on your payslip. Use the net salary calculator to check your take-home pay.
• Maternity or paternity leave. The Act sets no service threshold for these. See our guide to maternity and paternity leave.
• Sick leave after two consecutive months of service, under section 30.
• Freedom from discrimination and harassment.

How to pass probation

• Ask for written targets in week one. If no one gives you a job description and measurable goals, write them down yourself and confirm them with your manager by email.
• Request a mid-point review. A check-in at six or twelve weeks surfaces problems while there is still time to fix them.
• Keep a simple log of completed tasks, feedback and training attended. It is your evidence if a dispute arises.
• Raise concerns early and in writing, for example missing tools or unclear reporting lines.

If you are still searching, Business Radar’s guide to documents you need before applying for jobs will help you get your papers ready, and you can browse current jobs in Kenya.

Key takeaways

• Probation in Kenya can last up to six months, extendable once by up to six months only with your consent.
• Either party can end probation with at least seven days’ notice, or seven days’ pay in lieu.
• Courts have ruled that probationary employees must be given a reason and a hearing before dismissal.
• Working past the end of probation without an extension or termination is generally treated as confirmation.

Frequently asked questions

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