While many business owners believe they can set schedules based on operational needs alone, Kenyan labour law has explicit requirements that carry severe legal and financial consequences when overlooked.
The Employment Act 2007 and the Regulation of Wages (General) Order establish detailed frameworks that many employers misunderstand or inadvertently violate.
Today’s guide walks you through the allowed maximum working hours in Kenya, overtime calculations, and compliance strategies to protect both your business and your employees.
What Are the Legal Working Hours in Kenya?
The Employment Act 2007 gives employers the responsibility to set working hours for their teams.
However, these hours must comply with the Employment Act and any other applicable regulations, including collective bargaining agreements or sector-specific rules.
The exact specifics come from the Regulation of Wages (General) Order.
A typical work week for most employees should not exceed 52 hours spread across six days. If an employee works night shifts, the limit is 60 hours a week.
What about off days?
Every employee is entitled to at least one rest day within each seven-day period.
However, the employer and employee may agree to defer a rest day, which can be taken later, either individually or saved up over time.
Kenyan law permits a maximum of 14 deferred rest days, which, once accumulated, are taken together as additional paid leave on top of the employee’s annual leave.
Overtime Pay in Kenya
Overtime is one of the easiest areas for compliance to slip through the cracks.
Employers often think of it as a casual arrangement where, ‘if you stay late, I’ll sort you out based on our very own arrangement.’
However, there are set rules for overtime pay as stipulated by the Regulation of Wages (General) Order, 1982 (as amended).
How exactly should you calculate overtime pay?
Remember, Kenyan law caps a normal work week at 52 hours for day workers and 60 hours for night workers. Any hours beyond these limits count as overtime.
If an employee goes above those hours, here’s how their pay rate changes:
- Weekday overtime must be paid at one and a half times (1.5X) the normal hourly rate.
- Work on a rest day or public holiday must be paid at twice (2X) the normal hourly rate.
If you pay a monthly salary instead of an hourly rate, the following overtime formula applies:
Hourly rate = Basic monthly wage ÷ 225
Limits on total working hours
Kenyan law also sets an upper limit to protect employees from excessive working hours. Even with overtime, you cannot exceed:
- 144 hours over two weeks for night workers.
- 116 hours over two weeks for all other employees.
These limits apply even if an employee has consented to an arrangement allowing them to work longer.
Leave Management According to Kenyan Law
Working hours are only one part of compliance. The other area that regularly creates disputes is leave.
Employees often see leave as a right they can take at will, while employers worry about productivity and scheduling.
Kenyan labour law strikes a balance by setting out legally binding conditions for annual leave, maternity leave, sick leave, and compassionate leave.
| Type of Leave | Duration | Conditions |
| Annual Leave | 21 working days with full pay per year | Employee must complete 12 months of service; accrues at 1.75 days per month |
| Maternity Leave | 3 months with full pay | Employee must give at least 7 days’ notice; shorter notice allowed for emergencies |
| Paternity Leave | 2 weeks with full pay | Applies to male employees |
| Adoptive Leave | 1 month with full pay | Male or female employees; must give 14 days’ notice before placement |
| Sick Leave | 7 days with full pay + 7 days with half pay in 12 months | Employee must complete 2 months of service; medical certificate required |
| Compassionate Leave | Flexible | Paid days come out of annual leave; up to 5 additional unpaid days per year |
Let’s have a look at what each entails.
Annual leave
The Employment Act, 2007, provides employees with 21 working days of leave with full pay after completing 12 consecutive months of service.
Leave builds up gradually at a rate of 1.75 days for every completed month of service.
By the end of a full year, the employee should have accumulated 21 days.
If someone leaves before completing a year but has worked at least two months, you still need to calculate and pay out the leave days they have built up. For example:
When John, your Finance manager, works for 8 months and resigns, they are entitled to 14 leave days (8 × 1.75) with full pay. If they had already taken some leave, you’ll need to pay out the balance in cash.
The law also allows flexibility in how annual leave is scheduled.
Employers and employees can agree to break it up into smaller parts instead of taking all 21 days at once.
However, at least one portion must be two uninterrupted working weeks to ensure employees get proper rest.
Note that weekly rest days are separate from annual leave.
An employee’s right to one rest day every seven days does not count as part of their annual leave.
Maternity leave
The Employment Act, 2007, gives female employees three months of maternity leave with full pay.
When this period ends, the employee has the right to return to her previous role or to a similar role with the same or better terms.
However, maternity leave can extend past the 3 months in certain situations:
- The employer may agree to an extension of maternity leave.
- Immediately after maternity leave, the employee may move into another type of leave, such as sick leave, annual leave (with employer consent), compassionate leave, or another category allowed by the employer.
In these cases, the law considers maternity leave to end on the last day of the extended leave.
To qualify for maternity leave, an employee must give at least seven days’ notice before the start of maternity leave and communicate the intended return date.
If circumstances such as a medical emergency or early delivery make this impossible, employers are to accept a shorter notice as long as it is reasonable.
Male employees are also entitled to two weeks of paternity leave with full pay.
In the case of adoption, male or female employees are allowed one month of pre-adoptive leave with full pay from the date a child is placed with them. However, employees must give at least 14 days’ notice before the placement.
Sick leave
The Employment Act, 2007, requires you to provide sick leave after an employee completes two consecutive months of service.
From then, the law gives them up to seven days with full pay and another seven days with half pay in every twelve-month cycle.
Employees must present a medical certificate from a qualified practitioner or health facility to request sick leave.
Compassionate leave
Employees may need time off for personal or family emergencies such as bereavement or serious illness. Kenyan labour law allows for this through compassionate leave.
Employers can grant paid compassionate leave, but those days come out of the employee’s annual leave.
Aside from that, you can also grant up to five additional days of unpaid compassionate leave in a year (separate from annual leave).
How to Stay Compliant With the Kenya Working Hours Laws
These are just a few of the provisions you should have in place to remain compliant.
1. Get your employment contracts right
Every employee needs a written contract that outlines working hours, and the law is specific about what you must include.
Your contract should cover the employee’s name, age, address, job description, start date, work location, hours of work, pay structure, and payment intervals.
The hours of work section is particularly important because it sets expectations from day one and provides legal protection if disputes arise later.
2. Establish written leave policies
Document how leave accrues, when it can be taken, and how much notice employees must provide.
We recommend including specific procedures for annual leave, sick leave, and any other leave types your company offers.
3. Record all employer-employee agreements
Keep records of any agreements with employees about flexible schedules, overtime arrangements, or modified leave plans. If an employee agrees to work specific overtime hours or take leave in a particular pattern, document it.
That said, know that these agreements must still comply with legal requirements, as the law always takes precedence over any private arrangements you make with employees.
4. Consult an HR expert
HR consultancies like Bridge Talent Management (BTM) specialise in keeping businesses compliant with current employment laws.
We help draft contracts that protect your interests as well as audit your policies to catch issues before they become legal consequences.
If you need help with payroll processing or leave management, BTM can help with that, too.
Reach out to our experts for a free consultation to see how we can help protect your business.
FAQs
What are the legal working hours in Kenya?
A normal working week in Kenya should not exceed 52 hours spread across six days for day workers, or 60 hours for night shift workers. Every employee must get at least one rest day in every seven-day period.
What are the maximum working hours according to Labour Law?
Even with overtime, working hours should not exceed 116 hours over two weeks for regular employees or 144 hours for night workers.
What is Section 27 of the Employment Act?
Section 27 of Kenya’s Employment Act requires employers to regulate employees’ working hours according to the law. It also guarantees that every employee is entitled to at least one rest day in every seven-day period.
Is it illegal for Kenyan employees to work night shifts?
Night shifts are legal in Kenya. Night shift workers actually get a higher weekly hour limit of 60 hours compared to 52 hours for day workers. However, they’re still subject to a two-week maximum of 144 total hours, including overtime. Like day workers, they must also receive proper overtime compensation for any hours beyond their regular limits.
Get in touch today for a free consultation with the HR and labour law experts at Bridge Talent Management.
