Section 61 of Employment Act CAP 226: 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 the employment; (c) such other particulars as may be prescribed.
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- 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
(1) If a child is killed, dies or suffers any bodily injury in consequence of his employer having contravened any provision of this Part, the employer shall, in addition to any other penalty, be...
- Section 66 - Insolvency of employer
Where on an application made to him in writing by an employee or his representative the Minister is satisfied that—
(a) the employer of an employee has become insolvent;
(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—
(a) any arrears of wages in respect of one or more months, but not more than six months or part thereof;
(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.
(2) An employer shall notify the Director of every vacancy occurring in his establishment, business or work place...
- 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.
- Section 79 - Register of employees
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
The Minister may exempt any category of employers, any sector of industry or any industry from this Part, or any section of this Part or may vary the limit of its application provided under section 76...
- Section 81 - Offence under this Part
An employer who contravenes any of the provisions of this Part commits an offence and shall on conviction be liable to a fine not exceeding one hundred thousand shillings or to imprisonment for a term...
- 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...
- Section 85 - Offence to induce person to proceed abroad under informal contract
A person who—
(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...
- Section 86 - Offence to induce person to proceed abroad under informal contract
A person who—
(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...
- Section 87 - Complaint and jurisdiction in cases of dispute between employers and employees
(1) Subject to the provisions of this Act whenever—
(a) an employer or employee neglects or refuses to fulfill a contract of service; or
(b) any question, difference or dispute arises as to the...
- Section 88 - General penalty and offences under other laws
(1) A person, other than a child, who commits an offence under this Act, or contravenes or fails to comply with any of the provisions of this Act for which no penalty is specifically provided shall be...
- Section 89 - Savings of contracts of service made abroad
(1) Nothing in this Act shall prevent an employer or employee from enforcing their respective rights and remedies for any breach or non-performance of a lawful contract of service made outside Kenya,...
- Section 90 - Limitations
Notwithstanding the provisions of section 4(1) of the Limitation of Actions Act (Cap. 22), no civil action or proceedings based or arising out of this Act or a contract of service in general shall lie...
- Section 91 - Rules
(1) The Minister may, after consultation with the Board, make rules providing for all or any of the purposes, for the administration of this Act or that may be necessary or expedient for carrying out...
- Section 92 - Repeal of Cap. 226 and savings
(1) The Employment Act is repealed.
(2) Except where otherwise provided, the provisions of this Act shall be in addition to, and not in substitution for or in derogation of, the provisions of any...
- Section 93 - Transitional provisions
A valid contract of service, and foreign contract of service to which Part XI applies, entered into in accordance with the Employment Act (now repealed) shall continue in force to the extent that the...