Employment contracts in 2026: clauses worth getting right
The Employment Act sets a floor, not a ceiling. Here are the clauses that matter most in a well-drafted Kenyan employment contract — and the ones most often missing.
Most of the employment disputes that end up in front of lawyers turn on language that was written quickly, copied from somewhere else, or left out altogether. A careful employment contract is not a long one — it is a clear one.
Start with the Act
The Employment Act sets out what every contract must contain: the role, the place of work, hours, leave, notice periods, and the like. Treat it as the floor. A well-drafted contract clarifies what the Act leaves open and avoids language that would reduce an employee’s statutory rights (which would not hold up anyway).
Clauses worth thinking about
Probation. The Act allows up to six months, extendable once by agreement. The contract should state the length and what happens at the end — confirmation, extension, or termination on short notice.
Termination. Beyond the statutory notice period, this is where most disputes start. Spell out what counts as gross misconduct, how a disciplinary process will run, and what happens to benefits on exit.
Intellectual property. For any role that produces creative or technical work, the contract should be explicit about ownership. Silence leaves room for argument.
Confidentiality and non-solicitation. Enforceable if reasonable in scope and duration. Unenforceable if they read as a blanket ban on the employee ever working in the industry again.
Data handling. If the employee handles personal data — and most do — the contract should tie into your data protection policies and name the consequences of misuse.
What is often missing
Grievance procedures. Remote work expectations. Expense policy. Governing law and forum. None of these need to be long, but their absence is felt quickly when something goes wrong.
One last thing
Give the employee a reasonable chance to read the contract before signing. A contract signed under visible time pressure is a contract that can be challenged later.
This is general guidance. If you want a template reviewed or a contract drafted for a particular role, please get in touch.
Written by Daisy Muya. Questions? Get in touch.