A job offer is exciting, and the contract that follows it is easy to skim. It is worth the opposite: the document will govern your pay, hours, leave and exit, and changing it later needs both parties to agree. Here is what to check before you sign.
What should you check before signing an employment contract in Kenya?
No clause is too obvious to read, and the terms below are the ones that matter most day to day:
- Job title, duties and reporting line
- Salary, the pay date and how payment is made
- Working hours and rest days
- Leave entitlement, including annual and sick leave
- The notice period on both sides
- Probation terms and how probation ends
- Benefits, and whether they are contractual or discretionary
Which clauses deserve a closer look?
Three kinds of clause shape life after the job ends. Restraint clauses can limit where you may work next. Deductions clauses should only authorise deductions that are lawful under the Employment Act 2007. Variation clauses should require written agreement rather than allow one-sided changes. Fixed-term contracts deserve attention too, since ending one early carries consequences for both sides. If a term seems inconsistent with the statutory minimums, a labour officer can clarify the baseline entitlements.
Can you negotiate before signing?
Yes. Asking for adjustments before signing is normal, and reasonable requests are usually received professionally. Verbal promises about bonuses, reviews or title changes should be written into the contract, because proving an unrecorded promise is difficult. Keep a signed copy for your records; you are entitled to the written terms of your employment. If the employer will not move on a clause, ask what it means in practice; the answer is often revealing.
When to take advice
Most contracts are standard, but senior roles, restraint clauses and complex benefit packages justify a review before signature. We review employment contracts for executives and professionals through our contract practice, within the firm’s wider practice areas.
This article was written by Bruno Walela Situma, who advises on dispute resolution, insurance and litigation matters at CS Advocates LLP.
For guidance on your specific situation, contact CS Advocates LLP , call, WhatsApp, or book a confidential consultation at our Westlands, Nairobi office.