Kenya's Employment Act, 2007 sets the floor for notice before termination, and in 2026 that floor is 28 days for monthly-paid employees, 7 days for weekly-paid staff and probationers, and no advance notice for daily-paid casuals. The number your employer actually owes you depends on how you're paid, whether you're still on probation, and whether the reason for termination is gross misconduct — because summary dismissal skips notice entirely under Section 44.
- Monthly-paid employees in Kenya get 28 days' notice before termination under Section 35 of the Employment Act, 2007.
- Weekly-paid staff and employees on probation get a statutory minimum of 7 days' notice.
- Employers can skip working notice entirely by paying wages in lieu, or for gross misconduct under Section 44.
- Redundancy termination requires 1 month's notice plus severance pay of 15 days per completed year of service.
- An LSK-verified advocate on Lex Africa can review whether your termination followed the correct notice and procedure in 2026.
Why this matters
Most termination disputes in Kenya aren't about whether someone could be let go — they're about whether the employer followed the correct process on the way out. Skipping the statutory notice period, or paying the wrong amount in lieu, turns an otherwise lawful termination into a claim at the Employment and Labour Relations Court.
If your last payslip doesn't match your pay frequency, or your termination letter arrived with zero notice and no gross misconduct finding, that gap is worth checking against the employment termination lawyer route before you sign anything or accept a final payout.
How much notice must my employer give before termination in Kenya?
The Employment Act, 2007 ties the notice period to how you're paid and how long the contract has run. Here's the breakdown as it stands in 2026:
| Pay or contract type | Statutory notice | Legal basis |
|---|---|---|
| Monthly-paid, or contract of one month or more | 28 days (or one month's wages in lieu) | Employment Act, 2007, Section 35 |
| Weekly-paid | 7 days | Section 35 |
| Daily-paid casual | None beyond the day worked | Section 35 |
| Probationary employee | Minimum 7 days | Section 42 |
| Redundancy | 1 month, to the employee and the labour officer | Section 40 |
| Gross misconduct (summary dismissal) | None | Section 44 |
These are statutory minimums. A written contract can set a longer notice period, and if it does, the contract term wins because it's more generous to the employee — the Act sets a floor, not a ceiling.
Monthly-paid employees: 28 days' notice
If you're paid monthly, or your contract runs for a month or longer, your employer owes you 28 days' notice before termination, or one month's wages paid instead of working that notice. This is the most common scenario for salaried and office staff across Kenya, and it's the figure most people mean when they ask about notice periods.
Weekly-paid employees: 7 days' notice
Weekly-paid staff — common in retail, hospitality and some manual trades — are entitled to 7 days' notice under Section 35. Employers sometimes confuse this with the 28-day monthly figure and short-change weekly staff, or the reverse, over-notice monthly staff by mistake.
Employees on probation: 7 days' notice minimum
Probationary contracts in Kenya can run up to 6 months, extendable to 12 by written agreement, but the notice period during probation drops to a minimum of 7 days under Section 42. Either side can end the arrangement on that shorter notice unless the written contract specifies something longer.
Redundancy: 1 month's notice plus severance pay
Redundancy is treated differently from ordinary termination. Section 40 requires 1 month's notice to both the employee and the local labour officer, plus severance pay of not less than 15 days' pay for every completed year of service. Skipping the labour officer notification is one of the most common procedural failures in Kenyan redundancy cases.
Summary dismissal: no notice required
Gross misconduct — theft, violence, serious insubordination — allows an employer to dismiss without any notice under Section 44. This doesn't remove the requirement for a fair hearing under Section 41; an employer still has to notify you of the allegation and let you respond before dismissing you, even when notice itself isn't owed.
Why the notice period varies
A handful of factors decide which number applies to your situation:
- Pay frequency — daily, weekly, or monthly pay sets the statutory floor under Section 35.
- Probationary status — the 7-day minimum under Section 42 overrides the longer figures while you're on probation.
- Reason for termination — ordinary termination, redundancy, and summary dismissal each carry different notice rules.
- Written contract terms — a contract promising 30, 60, or 90 days' notice overrides the statutory minimum because it's more favourable to the employee.
- Collective bargaining agreements — unionised sectors sometimes negotiate notice periods that differ from the default Employment Act figures.
- Whether pay in lieu was offered — a lawful termination can substitute money for the working notice period, but the amount still has to match the full notice entitlement.
“The Employment Act sets a floor for notice, not a ceiling — a contract that promises more than 28 days still wins.”
Can my employer terminate me without any notice in Kenya?
No notice is required only when the termination is a summary dismissal for gross misconduct under Section 44 of the Employment Act, 2007. Outside that, an ordinary termination without the correct 28-day, 7-day, or probation-period notice — and without pay in lieu covering the shortfall — is procedurally unfair and can be challenged at the Employment and Labour Relations Court.
Is one month's pay in lieu of notice the same as severance pay?
One month's pay in lieu of notice only substitutes for the 28-day notice period and applies to any lawful termination, not just redundancy. Severance pay is a separate entitlement of 15 days' wages per completed year of service, and it only applies when the termination is due to redundancy under Section 40.
How much notice is required during a probationary period in Kenya?
7 days' notice is the statutory minimum during probation under Section 42, even though probationary contracts can run up to 12 months with an extension. Either the employer or the employee can end the contract on that shorter notice unless the written agreement sets a longer period.
If your termination letter doesn't match any of these figures — wrong notice period, no severance calculation, no hearing before a gross misconduct dismissal — that's worth a second opinion before you accept the final settlement. A 15-minute video consultation with an employment lawyer in Kenya on Lex Africa can tell you whether the process your employer followed actually holds up, and what a fair notice or severance payout should look like given what you were paid.
Check if your termination was lawful
Book a 15-minute video call with an LSK-verified employment advocate.
FAQ
How much notice must an employer give before termination in Kenya?
28 days' notice is required for monthly-paid employees under Section 35 of the Employment Act, 2007, or one month's wages in lieu. Weekly-paid staff get 7 days, and daily-paid casuals get none beyond the day worked.
Can an employer terminate an employee without notice in Kenya?
Yes, but only through summary dismissal for gross misconduct under Section 44. Any other termination without notice, or without pay in lieu covering it, is procedurally unfair.
What is the notice period for casual or daily-paid employees in Kenya?
Daily-paid casual employees generally aren't owed notice beyond the day's work under Section 35. Once a casual arrangement effectively becomes a longer-term contract, weekly or monthly notice rules can start to apply instead.
Do you get severance pay and notice pay together in Kenya?
Severance pay of 15 days per completed year of service only applies to redundancy terminations under Section 40, separate from the 1 month notice also owed in redundancy cases. Ordinary terminations don't trigger severance pay at all.
Can my employer pay me instead of letting me work my notice period?
Yes, paying wages in lieu of notice is allowed under Section 35 and is common practice in Kenya. The amount has to equal the full notice period owed — 28 days for monthly-paid staff, 7 days for weekly-paid staff.
Is a written contract's notice period different from the Employment Act's minimum?
A written contract can set a longer notice period than the Employment Act's 28-day minimum, and that longer figure applies because it favours the employee. A contract can't legally shorten the statutory minimum below what Section 35 or Section 42 requires.
What should I do if my employer didn't give proper notice before firing me?
Check your pay frequency against the statutory table first — 28 days monthly, 7 days weekly or on probation. If the notice or pay in lieu falls short and it wasn't a gross misconduct dismissal, you can raise a claim for the shortfall or unfair termination.
One last thing
Most people read "28 days" and stop there, but the number that actually matters is whichever figure is more generous to you — statutory or contractual. If your offer letter says 60 or 90 days' notice, that's the enforceable figure in 2026, not the Employment Act's 28-day floor, and employers occasionally quote the lower statutory number hoping nobody checks the actual contract.
This is general information, not legal advice, and reading it doesn't create a lawyer-client relationship. Your own notice entitlement turns on your contract wording and pay structure, which is exactly what a short consultation with a verified advocate is for.
