Probation Periods in Kenya: What Every Employer Should Know

Probation is one of the most misunderstood parts of Kenyan employment. Many employers assume "on probation" means "no rules apply", which is exactly how avoidable disputes start. Here is how probation actually works under the Employment Act 2007.

How long can probation last?

A probationary period is capped at six months. It can be extended once, by a further period, but only with the employee's agreement, and the total should not be used to keep someone in a permanent state of "probation". The probation terms should be set out clearly in the written contract.

Notice during probation

During probation, either party can end the contract by giving not less than seven days' notice (or pay in lieu). That is shorter than the notice required for confirmed employees (28 days for monthly-paid staff), which is one of the main practical differences.

What still applies on probation

This is the part employers get wrong. Section 42 of the Employment Act means the fair-hearing procedure required for ordinary termination does not apply during probation. But every other statutory right still does, minimum wage, leave, safe working conditions, and protection from discrimination. You cannot, for example, dismiss someone on probation for a discriminatory reason.

Common mistakes

• No written probation clause, so the terms are unclear if challenged.
• Letting probation run past six months without confirming or agreeing an extension.
• Assuming "probation" removes all protections, it doesn't.
• Giving no feedback, then ending employment with no record of performance concerns.

Do probation properly

Set clear objectives, review performance before the period ends, and confirm, extend or end the engagement in writing. Get the contract right first with our guide to employment contracts in Kenya, and see how to end employment lawfully in our guide to terminating an employee legally. For tailored help, explore our HR compliance support.

Official sources: Kenya Law (employment statutes).

Disclaimer: This article is general guidance for educational purposes and is not legal or tax advice. Statutory rates and requirements change. For advice specific to your organisation, speak to a qualified HR, legal or tax professional.