Career advice · Updated October 2026
Working Hours and Overtime in Kenya: The 52-Hour Week and How Overtime Is Paid
Security guards on 12-hour shifts, drivers who start before dawn, shop staff who close late: long days are normal in many Kenyan jobs. Overtime pay often is not. The rules on working hours and overtime in Kenya come from two places: section 27 of the Employment Act, 2007, and the Regulation of Wages (General) Order, which was last amended by Legal Notice 108 of 2026. Here is what they say, how to work out your overtime and how the courts handle claims.
What the Employment Act says
Section 27(1) tells employers to regulate working hours “in accordance with the provisions of this Act and any other written law”. Section 27(2) gives every employee at least one rest day in every seven days. The Act itself does not set a weekly limit or an overtime rate; those come from the wage orders made under the Labour Institutions Act.
The General Wages Order: hours and overtime rates
Legal Notice 108 of 2026 replaced the minimum wage schedule of the General Order from 1 May 2026, but the rules on hours and overtime in the body of the Order are unchanged. Paragraphs 5 to 7 provide:
| Rule | What the Order says |
|---|---|
| Normal working week | Not more than 52 hours, spread over six days |
| Night work | Normal week of not more than 60 hours |
| Workers under 16 | No more than six hours in any day |
| Overtime on ordinary days | 1.5 times the normal hourly rate for time worked beyond the normal weekly hours |
| Rest day or public holiday | Twice the normal hourly rate |
| Hourly rate for monthly-paid staff | Not less than 1/225 of the basic minimum monthly wage |
| Maximum hours per fortnight, including overtime | 116 hours (144 for night work) |
| Weekly rest | One whole rest day each week |
Note what the 52-hour rule means: overtime starts after 52 hours in the week, not after eight hours in a day. A shop assistant on the General Order who works 9 hours a day for six days (54 hours) has 2 hours of overtime that week.
The Order does not cover the agricultural industry, which has its own wage order. It also applies to staff covered by other wage orders whose terms are less favourable (paragraph 2). And if your contract or a collective agreement is more generous, section 26(2) of the Act says the better terms apply. If your contract sets a shorter normal week, check how it defines overtime, because hours beyond your contractual week may be paid on the contract’s terms.
Rest days can be deferred, not removed
Paragraph 7 allows an employer and employee to agree to defer a rest day. The deferred day can be taken later, or up to fourteen of them can be built up and taken as paid leave on top of annual leave. A rest day for a worker under 16 cannot be deferred. If you work on your normal rest day without such an arrangement, the hours are paid at double the normal rate.
Working out your overtime
Take Otieno, a supervisor on a monthly basic salary of KSh 30,000.
- Hourly rate using the 1/225 rule: KSh 30,000 ÷ 225 = KSh 133.33.
- 10 overtime hours on ordinary days at 1.5 times: KSh 2,000.
- 8 hours on his rest day at twice the rate: KSh 2,133.33.
Our overtime calculator converts the monthly salary to an hourly rate from your weekly hours instead (salary × 12 ÷ 52 ÷ weekly hours). For a 52-hour week that gives KSh 133.14 an hour and total overtime of KSh 4,127.22 for the same hours, almost the same as the 1/225 method. Overtime is taxable pay, so put the new gross into our net salary calculator to see your take-home.
Note that the 1/225 rule in the Order refers to the basic minimum monthly wage, so it sets a floor. If your contract defines a different hourly rate that is more favourable, that rate applies. Hourly-paid workers have their own minimum hourly rates in the LN 108 schedule; our minimum wage guide lists them by job and town.
Public holidays
Working on a gazetted public holiday is paid at twice the normal hourly rate under paragraph 6(1)(b), and paragraph 8 makes the listed holidays days off with full pay. Business Radar’s guide to holiday pay when you work on a public holiday covers the detail, and its list of public holidays for 2026 and 2027 shows the dates.
How the courts handle overtime claims
Overtime claims are won on evidence of hours, but the employer is expected to hold the records. Section 74(1)(e) requires employers to record each employee’s weekly rest days, and in David Muthui Ndungu v Riley Falcon Security Ltd [2016] KEELRC 1276 (KLR) the court observed that it is ordinarily the employer’s duty to keep and produce employment records, noting that “no employee would keep records as to overtime and the like.”
A recent example is Wainaina v Jacridge School Limited [2026] KEELRC 107 (KLR), decided on 23 January 2026. A school bus driver said he worked from 6:00 am to 6:30 pm, six days a week, for 12 years and 10 months. The school’s witness agreed in cross-examination that he worked from 6 am to 5:30 pm. The court found that added up to 63 hours a week, 11 hours over the 52-hour limit. It rejected the argument that idle time between school runs did not count, holding that for a monthly employee, working hours run from reporting time to exit, whether busy or idle. It awarded KSh 389,119.50 in overtime at 1.5 times the hourly rate.
What to do if overtime is unpaid
- Keep your own record: dates, start and finish times, rest days worked. Photos of duty rosters, gate books or clock-in messages help.
- Check your payslip: overtime should appear as a separate line. Our payslip guide explains each line.
- Raise it in writing with your supervisor or HR, with the hours and the rate you expect.
- Report to the county labour officer or file a claim at the Employment and Labour Relations Court. Section 89 sets three years from the default, or twelve months after the end of a continuing injury.
Raising a genuine complaint is protected: section 46(h) says starting a complaint or legal proceedings against your employer is not a fair reason for dismissal. Read our guides to unfair termination and casual workers’ rights if you are pushed out after asking. Our plain-English guide to the Employment Act covers the other rights in Part V, and if long hours are the reason you want out, browse hospitality jobs or all jobs in Kenya.
Key takeaways
- The normal working week under the General Wages Order is up to 52 hours over six days, or 60 hours for night work.
- Overtime is paid at 1.5 times the hourly rate on ordinary days and twice the rate on rest days and public holidays.
- For monthly-paid staff, the hourly rate is at least one 225th of the basic minimum monthly wage.
- Total hours including overtime cannot exceed 116 in two weeks, or 144 for night workers.
- Employers must keep records, and courts count the time from reporting to leaving, not just busy hours.
Frequently asked questions
How many working hours are allowed in Kenya per week?
The Regulation of Wages (General) Order sets a normal working week of not more than 52 hours over six days, and 60 hours for night work. Overtime plus normal hours may not exceed 116 hours in any two consecutive weeks, or 144 for night workers.
How is overtime calculated in Kenya?
Work out the hourly rate (for monthly staff, at least one 225th of the basic minimum monthly wage), then pay 1.5 times that rate for hours beyond the normal week and twice the rate for hours on a rest day or public holiday.
Is overtime compulsory in Kenya?
The law does not oblige you to work unlimited hours: total hours are capped at 116 per fortnight for most adults and you are entitled to one rest day a week. Check your contract for any overtime clause, and keep a record of the hours you work.
Do I get paid double for working on a public holiday?
Yes. Paragraph 6(1)(b) of the General Wages Order pays time worked on a public holiday or your normal rest day at twice the normal hourly rate.
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