Historically, the Employment and Labour Relations Court (ELRC) has held that annual leave is a basic right that cannot be forfeited. The position was that leave must either be utilized by the employee or encashed (paid out) by the employer.
Key Changes in NSSF Contribution Rates Effective February 2026
Starting February 2026, NSSF deductions will rise from the current maximum of Kshs. 4,320/= to Kshs. 6,480/= for employees, which must be matched by the employer. This translates to 6% of the employee’s monthly gross salary, with a similar amount paid by the employer thereby bringing the total contribution to the Fund to 12%.
Why Job Analysis & Job Evaluation?
Many organizations struggle with internal pay equity issues, where experienced or highly qualified team members may earn less than less-qualified colleagues performing the same work.
Fixing Overstaffing: A Practical Guide to Rightsizing Your Workforce
In many organisations, the conversation around staff numbers almost always leans one way: “We need more people.” Yet quietly, and often unnoticed, overstaffing has become one of the most expensive and productivity draining problems in the modern workplace especially for SMEs and fast-growing companies.
Must a Disciplinary Hearing Be Held if the Employee Has Confessed?
Imagine this: you’re the HR Manager, and one of your employees has just confessed to stealing company property. Your disciplinary policy says, “No dismissal without a hearing,” but you already have a signed confession on your desk. Do you still need to go through the motions of a full disciplinary process?
Not Happy with DOSH’s Decision? Here’s What You Must Know Before Appealing
You have suffered a loss or injury at the workplace. You go through the motions, submit your claim, and finally receive a decision from the Director of Occupational Safety and Health Services (DOSH)—only to find that it is flawed, unfair, or even worse, revised without your knowledge.
Recruitment Basics in Kenya: What Recruiters Should Know to Avoid Existing Pitfalls and Secure Top Talent
In Kenya’s vibrant and competitive labor market, the recruitment and retention of the best employees is fundamental to the success of an organization. A good recruitment strategy isn’t just about filling the position—in other words, it’s about making sure your new hires will not only fit in with your culture, but help shape it, contribute to your growth and comply with the country’s labor laws. Identifying the right candidates and avoiding the many pitfalls, however, is a task that requires some specialized skills.
1. Develop a proper Job Description
Before you advertise any job, do a job analysis. This isn’t simply about listing out duties; it’s about understanding the essence of that role, the unique skills (technical and soft), competencies and cultural fit that are required for that role. Engage current high performers in similar roles to help you shape your job description and determine essential success behaviors.
2. Tap into multiple delivery channels
There is a lack of a diversity in your talent pool if you are recruiting from just one source
- Online Job Boards: Sites such as Brighter Monday and LinkedIn are important.
- Professional Networks: Industry associations, University and College career centers and your own professional network can provide great leads.
- Social Media: Join channels where your candidate audience hangs out, regularly flaunting your company culture.
- Referral Programs: Motivate your existing employees to recommend qualified candidates as they are often in the best position to assess cultural fit.
- Pitfall to Avoid: But focusing the search only on “known” channels, can yield a less diverse and perhaps less creative workforce.
3. Develop Engaging & Compliant Job Ads
Your job advert is often a candidate’s first glimpse into your company. It has to be interesting, and it needs to be obvious what the value proposition is and, very important, it has to be in line with the labor laws in Kenya.
- Compliance Tip: The advert must not be discriminatory on grounds of race, ethnic or political origins, disability, religion, nationality, gender, marital status and other prohibited criteria of discrimination under the Employment Act, 2007 and the Constitution of Kenya. Emphasize experience, skills, and qualifications.
- Optimizing for Engagement: Showcase your workplace culture, values, growth prospects and any special perks (such as professional development or flexible work arrangements)
4. Implement a Structured and Fair Selection Process
An organized and systematic method for screening through candidates reduces the risk of bias and allows for more objective “apples-to-apples” comparison during your hiring process.
- Interviews: Ask competency-based questions.
- All Kinds Of Tools: Include competency assessment, skill drills, personality tests or role-specific case studies.
- Background Checks & Due Diligence: Important to confirm qualifications, experience, and references. This is crucial, especially in positions of trust and financial responsibility.
- Compliance Suggestion: Make certain each part of the selection process falls within the principles of natural justice and has validity for fairness. Any testing done must be job related.
- Pitfall to Avoid: Informal interviews may risk exposing unconscious biases and result in poor hiring decisions and possible legal challenges.
5. Place Candidate Experience First
A positive candidate experience, even for unsuccessful applicants, enhances your employer brand and strengthens your professional network.
- Communicate: Keep the candidates informed, even if there’s no update.
- Feedback: Provide constructive feedback when possible and within reason.
- Respect for the Other Party’s Candidate: All candidates should be addressed respectfully.
A positive candidate experience can convert unsuccessful applicants into future customers or referrers.
6. Understand and Adhere Labor Laws Labour Laws of Kenya
Compliance is non-negotiable. Familiarize yourself with key legislation, just to mention a few:
- Employment Act, 2007 -relates to terms and conditions of employment, contracts, wages, leave, etc.
- Labour Relations Act, 2007: Covers trade unions, collective bargaining and resolution of disputes.
- Work Injury Benefits Act (WIBA), 2007: Requires employers to compensate employees who suffer work related injuries or diseases.
- Occupational Safety and Health Act (OSHA), 2007 – Provides a safe and healthy working condition.
- The Data Protection Act, 2019: Regulates the collection, processing and storage of personal data, including applicant information.
By integrating these expert tips and diligently adhering to Kenyan labor laws, companies can optimize their recruitment efforts, attract and retain top talent, and build a resilient workforce that drives sustainable growth.
For any enquiries on this or any other matter do not hesitate to contact us via email through info@hrfleek.com
Contact Person & Contributor
Fortunatus Otieno – HR SPECIALIST
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