What are probation periods like in Kenya?

In Kenya, probation periods are used by employers to assess a new employee's suitability for a role before confirming their appointment. Both unlimited (permanent) and fixed-term contracts can include a probationary period, subject to specific rules and limitations as outlined in Kenyan labor laws.


Key Features of Probation Periods in Kenya

  1. Applicability to Contract Types:

    • Unlimited Contracts: Also known as permanent contracts, these are ongoing employment agreements with no fixed end date. Probation periods can be included as part of these contracts.
    • Fixed-Term Contracts: These are contracts set for a specific duration with a defined end date. Like unlimited contracts, they may also include a probationary period.

  2. Maximum Duration:

    • The probation period for both unlimited and fixed-term contracts is limited to a maximum of 6 months.
    • Extension: The probation period can be extended once, but the total duration, including the extension, cannot exceed 12 months. This means an initial 6-month probation can be extended by an additional 6 months at most.

  3. Extension Conditions:

    • If an employer wishes to extend the probation period beyond the initial 6 months, this must be done in writing, and the employee must be notified of the extension. The extension should also outline the specific reasons and objectives for the extended period.
    • The total probation period (including any extension) must not exceed 12 months, ensuring that the probationary assessment period remains reasonable and fair.

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