Employer of Record in Kenya

Guide to Hiring Employees in Kenya

Your guide to hiring employees in Kenya, covering the employment landscape, employer of record responsibilities, working customs, and local labor laws.

Hiring Employees In Kenya
Employer Of Record In Kenya

Capital City

Nairobi

Currency

Kenyan Shilling

 (

KSh

)

Timezone

GMT +3

Payroll Frequency

monthly

Tax Year

1 July - 30 June

Employer Tax

8.40%

Languages

Swahili

English

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How to Hire Employees In Kenya

Hiring in Kenya for the first time can be overwhelming, especially when navigating unfamiliar employment laws.  Whether you hire independent contractors, set up a legal entity, or use an EOR service, understanding the local employment landscape is crucial for success.  Playroll’s comprehensive guide can help you get started if you're hiring locally or relocating a team member.

Companies can hire employees in Kenya in the following three ways:

  • Setting up a local entity. Entity establishment reduces risk exposure and enables direct hiring, but can be costly and time-consuming – making it less practical for companies seeking quick and flexible solutions for hiring in Kenya.
  • Partnering with an Employer Of Record. An EOR, like Playroll, is a third-party entity that serves as the legal employer of your international workforce which hires, pays, and manages compliance with Kenya’s labor laws and tax regulations.
  • Hiring independent contractors. Hiring contractors gives companies a flexible, affordable alternative to hiring local employees, though it involves unique misclassification risks.

Good To Know

Kenya's GDP growth in recent years is attributed to ongoing public projects, robust economic policies, and substantial public and private investments, reflecting a diversified economy.

By hiring remotely in Kenya, you can tap into a diverse and skilled workforce. Kenya has a growing pool of talented professionals, particularly in fields like technology, customer service, and digital marketing

Additionally, Kenya's financial sector is highly developed and regionally diversified, leading in global financial inclusion. The well-capitalised banking sector consistently maintains profitability above recommended thresholds.

Kenya's time zone allows for overlap with both European and American business hours, making it easier to provide round-the-clock customer support or services.

Employment and Labor Laws in Kenya

Businesses can only operate smoothly in Kenya if they comply with local labor laws including drafting compliant employment contract agreements and meeting taxation and payroll obligations. Learn more about the employment laws and regulations in Kenya below, to avoid any compliance issues.

Employment Contract Requirements

In Kenya, both written and verbal agreements are acknowledged, but written contracts are required for durations exceeding three months. Formalities for these written contracts must include:

  • Identification of both parties
  • Employee's address
  • Job description
  • Starting date of employment
  • Duration of contract
  • Workplace details and working hours
  • Conditions for remuneration and payment frequency
  • Entitlements to leave

Onboarding Process

We can help you get a new employee started in Kenya quickly, with a minimum onboarding time of just 1-2 working days. The timeline starts once the employee submits all required information onto the Playroll platform and completes any necessary local authority registrations. For non-nationals, the Right to Work assessment (if applicable) may add up to three extra days. Additional time may be needed for follow-ups on this assessment. Please note, payroll cut-off dates can impact the actual start date. Playroll's payroll cut-off date is the 10th of each month unless otherwise specified.

Working Hours in Kenya

Kenya's New Labour Law sets the standard weekly working hours at 45, with a maximum of 56 hours. Shift work is regulated, and regular workdays are Monday to Friday, 8 hours per day, with an additional 5 hours on Saturdays as specified by sector-specific orders under the Regulations of Wages and Conditions of Employment Act.

Overtime in Kenya

In Kenya, the overtime pay rate is 150% of the standard pay. The New Labour Law mandates additional compensation for employees working during night hours (between 10 pm and 6 am) if they do not receive time off in lieu. The required pay is a minimum of 1.2 times the regular hourly salary.

Probation Period in Kenya

In Kenya, the probationary period usually spans 3-6 months, requiring a seven-day notice or payment in lieu if termination occurs. As per the 2022 New Labour Law, apprentices must earn at least 70% of a full-time employee's salary for the same job, ensuring parity with regular employees during probation.

Employer of Record in Kenya

An Employer of Record (EOR) acts as the legal employer for workers in Kenya, taking on key responsibilities to ensure compliance with local labor laws and regulations. The EOR facilitates the hiring process for businesses that want to employ workers without establishing a legal entity in the country.

The employer of record in Kenya is responsible for:

  • Employment Compliance: Ensure all employment contracts comply with Kenya's labor laws and regulations, including proper classification of employees.
  • Payroll Management: Calculate, process, and distribute employee salaries in accordance with Kenya's payroll laws, including deductions for taxes and social security contributions.
  • Tax Filing and Contributions: Handle the registration, filing, and payment of employer taxes and social security contributions to the relevant authorities.
  • Employment Contracts: Draft and maintain compliant employment agreements, detailing salary, benefits, working hours, and termination terms in line with Kenya's legal requirements.
  • Benefits Administration: Provide mandatory employee benefits as required by Kenya's labor laws, such as health insurance, pension contributions, and statutory leave.
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Payroll Management in Kenya

Fiscal Year in Kenya

1 July - 30 June is the 12-month accounting period that businesses in Kenya use for financial and tax reporting purposes.

Payroll Cycle in Kenya

The payroll cycle in Kenya is usually monthly, with employees being paid on the last day of the month.

Minimum Wage in Kenya

The minimum wage for employees in Kenya is typically 94 KES per hour, amounting to around 15,201 KES per month for a typical 45 hour work week.

Bonus Payments in Kenya

There are no legal provisions for 13th-month payments in Kenya.

Employment Taxes in Kenya

Employer Tax Contributions

Employer payroll contributions are generally estimated at an additional 8.4% on top of the employee salary in Kenya.

Tax TypeTax Rate
National Social Security Fund Contribution (up to a maximum of 18,000 KES for the contribution)6%
WIBA (Work Injury Benefits Act) Contribution0.91%
Affordable Housing Levy1.5%
NITA (National Industrial Training Authority) Contribution50 KES

Employee Payroll Tax Contributions

In Kenya , the typical estimation for employee payroll contributions cost is around 6% + 1,700 KES%.

Tax TypeTax Rate
National Social Security Fund (NSSF) (contributions capped at 200 KES monthly)6%
National Housing Development Fund1.5%
National Hospital Insurance Fund (NHIF) (for employees earning over 100,000 KES monthly, a 15% tax will apply to contributions)150 - 1,700 KES

Individual Income Tax Contributions

The calculation of individual income tax in Kenya follows a progressive rate system, and the government employs a "Pay As You Earn" model.

Income BracketTax Rate
On the first 288,000 KES per year 10%
Next 100,000 KES per year25%
Next 5,612,000 KES per year30%
Next 3,600,000 KES per year33%
On all income over 9,600,000 KES per year35%

Pension in Kenya

The National Social Security Fund Act 2013 in Kenya covers old age benefits and presents three payment choices: buying a life annuity, receiving a partial lump sum, or a blend of both. Contributions to the NSSF Pension, which amount to 12% of pensionable earnings, are evenly divided between the employee and employer, with a maximum cap set at 2,160 KES.

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The tax-related information provided in this guide is intended for general guidance and informational purposes only. Reach out to our dedicated team for insights on remote hiring in Kenya tailored to your needs.

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Work Permits & Visas in Kenya

Annual Leave & Company Policies In Kenya

Mandatory Leave Entitlement in Kenya

The annual leave entitlement in Kenya is 21 days for a full time worker. These can include public holidays on top of that or within those days, which would otherwise be unpaid.

Public Holidays In Kenya

Kenya recognises 13 public holidays:

HolidayDate
New Years Day1 January
Good FridayApril, day changes yearly
Easter MondayApril, day changes yearly
Idd ul-FitrApril, day changes yearly
Labor Day1 May
Madaraka Day1 June
Idd ul AzhaJune, day changes yearly
Moi Day/Utamaduni Day10 October
Mashujaa Day20 October
Independence Day/Jamhuri Day12 December
Christmas25 December
Boxing Day26 December
Christmas Holiday27 December

Paid Time Off in Kenya

After a year of service, employees receive a minimum of 21 days of paid annual leave. According to the New Labour Law, new employees qualify for annual vacation from the 7th month, with a mandatory 10 consecutive days within the first 15 days of leave. With employee consent, employers can divide the annual leave into different intervals.

Maternity Leave In Kenya

Expectant employees are eligible for a 3-month maternity leave, receiving 100% of their regular pay. A minimum notice of 7 days, along with a medical certificate, is required when indicating the intended leave period. In cases of adoption, the provisions for maternity and paternity leave apply, with a 14-day notice to the employer.

Paternity Leave In Kenya

Fathers are entitled to a two-week paternity leave with full payment equivalent to their average salary. The employer is responsible for providing this pay, and the employee cannot extend this leave.

Sick Leave In Kenya

After 2 consecutive months of service, employees have the right to 30 days of fully paid sick leave, followed by an additional 15 days at half salary within each 12-month service period. A valid professional medical certificate indicating the incapacity to work is a requirement for this sick leave.

Parental Leave In Kenya

There is no provision for shared parental leave in Kenya, where parents can divide a set amount of leave between them. Each parent has distinct leave entitlements.

Adoption Leave

Employees who seek to adopt a child are entitled to a month of pre-adoption leave at 100% of their salary. They are required to give a 14-day notice to their employer and submit the necessary adoption documentation.

Employment Termination and Severance Policies in Kenya

Termination Process in Kenya

In Kenya, termination must be justified, and at-will termination or termination outside the probation period is not permissible for employers. Acceptable grounds for terminations include:

  • Employee-initiated termination
  • Mutual agreement
  • Employer-initiated termination (due to misconduct, inability to perform, or illness)
  • Redundancy
  • Contract expiration

Notice Period in Kenya

In Kenya, the minimum notice period is 1 month for monthly salary payments, and it may be extended. Employees terminated during the probationary period should receive at least 7 days' notice. No statutory requirements exist for individuals receiving daily wages.

Severance in Kenya

Severance pay is only applicable when an employee is terminated due to redundancy, and it is calculated at a rate of 15 days for each year worked. In cases of termination for other reasons, service pay is provided at the same rate as severance pay.

Disclaimer

THIS CONTENT IS FOR INFORMATIONAL PURPOSES ONLY AND DOES NOT CONSTITUTE LEGAL OR TAX ADVICE. You should always consult with and rely on your own legal and/or tax advisor(s). Playroll does not provide legal or tax advice. The information is general and not tailored to a specific company or workforce and does not reflect Playroll’s product delivery in any given jurisdiction. Playroll makes no representations or warranties concerning the accuracy, completeness, or timeliness of this information and shall have no liability arising out of or in connection with it, including any loss caused by use of, or reliance on, the information.

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ABOUT THE AUTHOR

Jesse Weisz

Jesse is an experienced R&D Analyst at Playroll, a leading Employer of Record (EOR) provider. With a strong background in data analysis and market research, Jesse specializes in identifying emerging trends and driving innovation in global HR solutions. She is an all-rounder, critical thinker and success-seeker (often inextricably linked to being a late-night tea drinker).

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FAQS

FAQs About Hiring In Kenya

Questions and Answers

What Is an EOR in Kenya?

An Employer of Record (EOR) in Kenya is a third-party organization that legally employs workers on behalf of your company. The EOR handles all local employment tasks, including compliance with labor laws, payroll, taxes, benefits, and employment contracts. This allows businesses to easily hire talent in Kenya without the need to set up a legal entity there, saving time and ensuring compliance with local regulations.

Can I Hire in Kenya Without an Employer of Record?

Yes, you can hire in Kenya without an Employer of Record, but this typically requires setting up a legal entity in the country. Establishing a local entity involves navigating registration processes, tax systems, and employment regulations. This can be costly and time-consuming, often taking between 4-6 months to enter a new market. An EOR provides an alternative by allowing you to hire talent quickly and compliantly without the need to establish a legal presence in Kenya.

How Much Does It Cost To Employ Someone In Kenya?

The cost of employing someone in Kenya includes more than just their salary. You also need to consider mandatory contributions such as taxes, social security, insurance, and benefits. These additional costs can vary based on the role, location, and specific employment laws in Kenya. When using an Employer of Record, there are additional service fees, usually charged as a percentage of the employee's salary or as a monthly or annual fee. This ensures compliance and covers administrative tasks.

What Is the Minimum Wage In Kenya?

As of January 1, 2024, Kenya's minimum wage rates are:

  • 94 KES p/h KES per month.
  • Applies nationwide across all sectors.
  • Adjustments typically occur annually.

How Does an EOR Help You Run Payroll In Kenya?

An EOR simplifies payroll management in Kenya by handling all aspects of salary payments, tax deductions, and compliance with local labor laws for your international employees. The EOR calculates gross pay, deducts necessary taxes and contributions, and ensures employees are paid accurately and on time. They also manage year-end tax reporting and compliance filings, reducing the administrative burden on your team and minimizing the risk of errors or penalties.

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