Short answers to the questions people ask most about Kenyan law, each tied to the governing provision. This is general information, not legal advice for your specific facts — ask CHAT CLYDE SLP about your own documents for that.
For a contract paid monthly, either side must give at least 28 days' written notice, or pay the equivalent in lieu of notice. A shorter contractual notice period cannot fall below the statutory minimum, and where wages are paid at intervals of less than a month the notice matches that interval.
Employment Act 2007, s. 35
No. Before terminating for misconduct, poor performance or incapacity, the employer must explain the reason in a language you understand, in the presence of a fellow employee or union representative of your choice, and hear your response. Skipping this makes the termination unfair even where a valid reason existed.
Employment Act 2007, s. 41
The Employment and Labour Relations Court may order the wages you would have earned during notice, up to twelve months' gross salary as compensation, reinstatement or re-engagement, plus certificates of service and any unpaid dues.
Employment Act 2007, ss. 43, 45 and 49
Three years from the date the cause of action arose. Filing late usually ends the claim regardless of its merits, so the date on your termination letter matters.
Employment Act 2007, s. 90
Three months' paid maternity leave for a female employee without losing annual leave, and two weeks' paid paternity leave for a male employee.
Employment Act 2007, s. 29
At least 21 working days of paid annual leave after twelve consecutive months of service, earned proportionately for shorter service.
Employment Act 2007, s. 28
For a controlled tenancy, at least two months' written notice in the prescribed form, stating the ground, and the tenant may object to the Business Premises Rent Tribunal. For an ordinary residential tenancy, the notice period in the lease applies, and the landlord must still obtain a court order to recover possession.
Landlord and Tenant (Shops, Hotels and Catering Establishments) Act, Cap. 301; Rent Restriction Act, Cap. 296
Not without lawful process. Distress for rent must follow the statutory procedure through a licensed auctioneer; self-help lock-outs, cutting water or power, or seizing property are unlawful and can be challenged in court alongside a claim for damages.
Distress for Rent Act, Cap. 293; Constitution 2010, Arts. 40 and 47
Conduct an official search at the relevant land registry against the title number; the register is conclusive evidence of proprietorship subject to overriding interests. For community or public land, check the classification before any transaction.
Land Registration Act 2012, ss. 7, 24, 26 and 28
Yes, where the land is matrimonial property or the spouse contributed to it, a disposition requires spousal consent, and a sale without it is open to challenge.
Land Act 2012, s. 93; Matrimonial Property Act 2013, s. 12
A surviving spouse takes the personal and household effects plus a life interest in the rest of the net estate, which ends on remarriage, with the children taking the remainder equally. Where there is no spouse or child, the estate passes to the nearest relatives in the order the Act sets out.
Law of Succession Act, Cap. 160, ss. 35, 38 and 39
Petition the High Court, or the magistrate's court within its limit, with the death certificate, a schedule of assets and liabilities and consents of other beneficiaries. A grant may be confirmed after six months, and only a confirmed grant allows transfer of assets.
Law of Succession Act, Cap. 160, ss. 51 and 71
Only the marriage systems recognised by statute create a marriage: civil, Christian, customary, Hindu and Islamic. Long cohabitation alone is not a marriage, though a customary marriage may be proved by evidence of the customary rites.
Marriage Act 2014, ss. 3 and 6
Matrimonial property is divided according to each spouse's contribution, monetary and non-monetary, including domestic work and childcare. Property acquired before the marriage stays separate unless it became matrimonial property.
Matrimonial Property Act 2013, ss. 7 and 9
You must be brought before a court within 24 hours of arrest, or by the end of the next court day if the 24 hours ends outside court hours, and you have the right to be released on bond or bail on reasonable conditions unless there are compelling reasons.
Constitution 2010, Art. 49(1)(f) and (h)
The Small Claims Court hears claims up to KSh 1,000,000 with a simplified procedure and a target of 60 days from filing. Larger claims go to the magistrate's court or the High Court depending on value.
Small Claims Court Act 2016, s. 12
Six years for contract and most claims founded on contract, and three years for tort claims such as negligence, running from when the cause of action arose.
Limitation of Actions Act, Cap. 22, ss. 4 and 4(2)
You are entitled to goods of reasonable quality fit for purpose, honest information and a remedy where they fall short, and unfair terms in a consumer contract are not enforceable against you.
Constitution 2010, Art. 46; Consumer Protection Act 2012, ss. 5 and 12
No. Processing requires a lawful basis such as consent, must be limited to the stated purpose, and you may ask for access, correction, deletion and an explanation, and complain to the Office of the Data Protection Commissioner.
Data Protection Act 2019, ss. 25, 26 and 30
Object to the Commissioner in writing within 30 days of the assessment, and if the objection decision goes against you, appeal to the Tax Appeals Tribunal within 30 days of that decision.
Tax Procedures Act 2015, s. 51; Tax Appeals Tribunal Act 2013, s. 12
