Section 52 of Employment Act CAP 226: Interpretation
In this Part, except where the context otherwise requires—
“employment” means employment of a child in a situation where—
(a) the child provides labour as an assistant to another person and his
labour is deemed to be the labour of that other person for the purposes of payment;
(b) the child’s labour is used for gain by any person or institution whether or not the child benefits directly or indirectly; and
(c) there is in existence a contract for service where the party providing the service is a child whether the person using the services does so directly or by agent.
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- Section 53 - Prohibition of worst forms of child labour
(1) Notwithstanding any provision of any written law, no person shall employ a child in any activity which constitutes worst form of child labour.
(2) The Minister shall, in consultation with the...
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(1) A person may make a complaint to a labour officer or a police officer of the rank of an inspector and above if that person considers any child to be employed in any activity which constitutes...
- Section 55 - Powers of labour officer to cancel and prohibit contracts
(1) A labour officer may, by notice in writing served upon an employer,
terminate or cancel any contract of service, other than a deed of apprenticeship
or indentured learnership lawfully entered...
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(1) No person shall employ a child who has not attained the age of thirteen years whether gainfully or otherwise in any undertaking.
(2) A child of between thirteen years of age and sixteen years of...
- Section 57 - Prohibition of written contracts for child between thirteen and sixteen years of age
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- Section 58 - Restriction in employing child of between thirteen and sixteen years of age to attend machinery
(1) No person shall employ a child of between thirteen and sixteen years of age, other than one serving under a contract of apprenticeship or indentured learnership in accordance with the provisions...
- Section 59 - Time restriction in employing a child
(1) Subject to section 60, no person shall employ a child in an industrial undertaking between the hours of 6.30 p.m. and 6.30 a.m.
(2) Notwithstanding the provision of subsection (1), a person may...
- Section 60 - Emergencies
In case of a serious emergency, when the public interest demands it, the Minister may, by notice in the Gazette, suspend the operation of section 59.
- Section 61 - Registers of child in employment
An employer who employs a child shall keep and maintain a register containing the following particulars of every child he employs—
(a) age and date of birth;
(b) date of entry into and of leaving...
- Section 62 - Medical examination of a child employee
An authorised officer may require a child in employment to be medically examined at any time during the period of the child’s employment.
- Section 63 - Determination of age
(1) If, during the hearing of a charge for an offence under this Act it is alleged that any person was at the date of the offence of, over or under a particular age, the court hearing the charge...
- Section 64 - Penalty for unlawful employment of child
(1) A person who employs, engages, or uses a child in an industrial undertaking in contravention of the provisions of this Part, commits an offence.
(2) A person who uses a child in any activity...
- Section 65 - Penalty in case of death or injury of a child
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Where on an application made to him in writing by an employee or his representative the Minister is satisfied that—
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(b) the employment of the...
- Section 67 - Definition of insolvency
An employer is insolvent for the purposes of this Part—
(a) if the employer is a person who—
(i) has been adjudged bankrupt or has made a composition or arrangement with his creditors; or...
- Section 68 - Debts to which this Part applies
This Part applies to the following debts—
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(b) any amount which the employer is liable to...
- Section 69 - Limitation on amount payable under section 68
(1) The total amount payable to an employee in respect of any debt to which this Part applies, where the amount of the debt to which this Part applies, where the amount of the debt is referable to a...
- Section 70 - Role of relevant officer
(1) Where a relevant officer has been, or is required to be, appointed in connection with an employer’s insolvency, the Minister shall not make a payment under section 66 in respect of a debt until...
- Section 71 - Complaint to Industrial Court
(1) A person who has applied for a payment under section 66 may present a complaint to the Industrial Court—
(a) that the Minister has failed to make the payment; or
(b) that the payment made by...
- Section 72 - Transfer of rights and remedies
(1) Where, in pursuance of section 66, the Minister makes a payment to an employee in respect of a debt to which this Part applies—
(a) on the making of the payment, any rights and remedies of the...
- Section 73 - Power to obtain information
(1) Where an application is made to the Minister under section 66 in respect of debt owed by an employer, the Minister may require—
(a) the employer to provide him with such information as he may...
- Section 74 - Records to be kept by employer
(1) An employer shall keep a written record of all employees employed by him, with whom he has entered into a contract under this Act which shall contain the particulars—
(a) of a policy statement...
- Section 75 - False entries, etc.
A person who makes, causes to be made or knowingly allows to be made an entry in a register, record, book or other document whatsoever, required by this Act to be kept, which that person knows to be...
- Section 76 - Notification of vacancies
(1) This Part shall apply to an employer who employs twenty-five employees or more.
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- Section 77 - Notification of filling or abolition of post
When a post, which has been notified to the Director as vacant, has been filled or has been abolished before being filled, the employer shall notify the employment service office of this in writing...
- Section 78 - Notification of termination of employment
An employer shall notify the termination of every employment and of each layoff of a person in writing to the nearest employment service office within two weeks of the termination or lay-off.
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An employer shall keep a register in which the employer shall enter the full name, age, sex, occupation, date of employment, nationality and educational level of each of his employees and a return of...
- Section 80 - Exemptions
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- Section 81 - Offence under this Part
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- Section 82 - Form and attestation
A foreign contract of service shall be in the prescribed form, signed by the parties thereto, and shall be attested by a labour officer.
- Section 83 - Requirement before attestation
A foreign contract of service shall not be attested unless the labour officer is satisfied—
(a) that the consent of the employee to the contract has been obtained;
(b) of the absence of any fraud,...
- Section 84 - Security in foreign contract of service
(1) When the employer who enters into a foreign contract of service does not reside or carry on business within Kenya, the employer shall, or where the employer resides in Kenya, the labour officer...
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A person who—
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(a) employs, engages, or knowingly aids in the employment or engagement of, a person with the intention that when so employed or engaged that person shall proceed outside the limits of...
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(1) Subject to the provisions of this Act whenever—
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(b) any question, difference or dispute arises as to the...
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(1) The Employment Act is repealed.
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