A well-written policy can be logically sound, ethically defensible, legally compliant, and supported by strong evidence, yet still fail to produce the intended outcomes once it meets the real world. This gap between policy design and policy results is not usually caused by a single mistake. It is more often a chain of small breakdowns across people, systems, incentives, resources, politics, and day-to-day operations.
Oral vs written contracts: risks employers and employee’s underestimate
The law guiding employment issues in Kenya is the Employment Act (“the Act”). Section 8 of the Act provides that it relates to both oral and written contracts. Under Section 10(5) of the Act, it is the duty of the employer to keep particulars relating to an employee for a period of 5 years after termination from employment. Where there is no written agreement, the burden of proving or disproving any alleged term of employment shall be on the employer.
Employee Leave Entitlements in Kenya: Legal Framework, Practice, and Jurisprudence
Employee leave entitlements in Kenya are a core component of fair labour practices, ensuring that employees have adequate time for rest, health and personal responsibilities without risking their employment. These rights are principally governed by the Employment Act, 2007 and the Regulation of Wages (General) Order, 1982 and its subsequent amendments, and interpreted through case law and jurisprudence set therein. Together, these sources establish minimum standards while allowing employers to implement more progressive policies.
Best Practices for Leave Management in Kenya
Effective leave management is essential for both employee satisfaction and organizational compliance in Kenya. With evolving labor laws and a diverse workforce, organizations must adopt robust strategies to manage leave efficiently. This article outlines best practices for leave management tailored to the Kenyan context, referencing current legislation and practical workplace considerations
Your Payslip Decoded: A Layman’s Guide to NSSF, SHIF, AHL, NITA, HELB, and the 2026 Payroll Changes
When you receive your salary, the amount in your bank is less than your gross salary because the law requires certain deductions. These are called statutory deductions, which are mandatory contributions for tax, health, retirement, housing, and training.
Legal Consequences of Non-Remittance of Statutory Deductions in Kenya
In our previous article, we examined the key components of a standard payslip and how statutory deductions affect an employee’s final dues.
A more serious issue arises where statutory deductions are made but not remitted to the relevant authorities. At that point, the issue moves from being an administrative process and becomes a statutory breach with financial and, in some cases, criminal consequences.
Key Compliance Considerations for Employers at the Start of the Year
As the new year begins, it is important for businesses to start on the right footing by ensuring they are compliant with key legal and regulatory obligations to avoid penalties, fines, and potential disputes, and promote good governance.
Can Employees Forfeit their Annual Leave?
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.