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Guide

How to write a job offer letter in Kenya

What a Kenyan offer letter must include, the difference between a conditional and unconditional offer, and how to write one that is clear, binding, and fair.

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A job offer letter is the employer's formal proposal to a candidate. It is not itself an employment contract, but in Kenya it is often the document a candidate relies on when resigning from a current role — which means getting it right matters considerably. The employment contract that follows will carry the full legal weight of the employment relationship.

A clear offer letter does four things: it specifies the role and reporting line, states the proposed salary and allowances (and whether they are consolidated or separate), gives the proposed start date, and indicates that the offer is conditional on specific outstanding items (if any) — typically reference checks, background checks, or medical clearance.

The distinction between a conditional and unconditional offer is important. A conditional offer means the position is not yet guaranteed; if the conditions are not met, the employer can withdraw the offer without legal consequence. An unconditional offer, once accepted, is binding and creates exposure if the employer reverses it.

For candidates: always get the offer in writing before resigning. An offer letter that does not specify the salary structure (base versus allowances), the grade or band, the probation period, and the start date is incomplete and should be clarified before acceptance. Equally, the employer will typically want to review the candidate's CV and references before issuing a formal offer. "We will sort out the details" is not a substitute for a written offer.

For employers: the offer letter should be signed and returned by a deadline — you can ask the candidate to sign the offer letter digitally to speed up the process. Include a simple acceptance clause at the bottom. Keep a counter-signed copy.

Frequently asked questions

Is a job offer letter legally binding in Kenya?

A signed, unconditional offer letter accepted by the candidate creates a binding agreement. If an employer withdraws an unconditional offer after acceptance, the candidate may have a claim for damages. Conditional offers are binding subject to the stated conditions being met.

What should a Kenyan offer letter include?

At minimum: the job title, reporting line, start date, gross monthly salary, breakdown of any allowances, probation period, notice period, and any conditions attached to the offer. Omitting salary details is the most common error and frequently leads to disputes.

How long should I give a candidate to respond to an offer in Kenya?

Three to five business days is standard for most roles. For senior appointments where the candidate may need to negotiate notice periods with their current employer, a week to ten days is reasonable. State the response deadline clearly in the letter.

Can an employer withdraw an offer letter in Kenya?

A conditional offer can be withdrawn if the conditions are not met. An unconditional offer that has been accepted is much harder to withdraw without legal risk. If a candidate has resigned from a current role in reliance on an unconditional offer, the employer may face a significant damages claim for withdrawing it.

Do I need a lawyer to write a job offer letter in Kenya?

For straightforward roles, no. A clear template covering the key terms is sufficient. For senior roles with complex compensation structures, equity, or significant restrictive covenants, having a lawyer review the offer letter and the subsequent contract is advisable.

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