📄 Business & Money Documents

How to Write an Employment Contract under the Employment Act 2007 in Kenya (2026)

The pain: You keep staff on informal terms, so you breach the Employment Act and have no clear terms when a dispute arises.

The outcome: A written contract with the Section 10 particulars, the correct notice and probation terms, and the statutory minimums honoured.

A written contract is mandatory where employment is for three months or more, monthly-paid staff need at least 28 days' notice, and probation is capped at 6 months.

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Key legal requirements

Section 10 particulars: employee name, age, address and sex; employer name; job title and description; start date; contract form and duration; place of work; hours; pay rate, method and interval; and leave, sick pay, pension and notice terms.
Section 35 notice: monthly-paid employees require at least 28 days' written notice to terminate.
Section 42 probation: maximum 6 months, extendable by a further 6 only with the employee's consent; during probation, at least 7 days' notice.
Honour statutory minimums: annual leave 21 working days after 12 months; maternity 3 months; paternity 2 weeks; and the applicable minimum wage.

Fill-in template: employment contract

Employer name, address, PIN
Employee name, age, sex, ID no., address, KRA PIN
Job title & duties | Place of work
Start date | Contract type (permanent / fixed-term / casual) & duration
Probation period (up to 6 months) & terms
Hours of work / working days
Remuneration: basic + allowances, method, pay interval, pay method
Benefits (medical, pension/NSSF)
Annual leave, sick leave, maternity/paternity, public holidays
Notice period (min 28 days monthly-paid)
Grounds/procedure for termination
Confidentiality / IP (if any)
Governing law (Laws of Kenya) & dispute resolution
Signatures of both parties, witnesses, dates

Common mistakes to avoid

No written contract for staff working 3 months or more.
Wrong notice period, using less than 28 days for monthly-paid staff.
Extending probation without written consent, or beyond the cap.
Omitting leave, sick or pension particulars, or paying below the minimum wage order.

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Employment Contract Generator →

Draft a written contract with the Section 10 particulars, 28-day notice and probation terms built in. Free.

Offer Letter Generator →

Produce the job offer that precedes the contract, consistent with the same terms. Free.

Questions people ask

Is a written employment contract mandatory in Kenya?

Yes. Under the Employment Act 2007, a written contract is mandatory where employment is for three months or more, and Section 10 sets out the particulars that must be stated.

What is the notice period for monthly-paid employees in Kenya?

Under Section 35, monthly-paid employees require at least 28 days' written notice to terminate.

How long can probation last under the Employment Act?

Section 42 caps probation at a maximum of 6 months, extendable by a further 6 only with the employee's consent, and during probation at least 7 days' notice applies.

Keep it current: The Employment Act can be amended and minimum-wage orders are revised. Confirm current particulars and wage minimums on Kenya Law (new.kenyalaw.org) before issuing contracts.

Official sources

Employment Act 2007 (Kenya Law) ↗