Section 11 of The Work Injury Benefits Act CAP 236: Accident outside Kenya
(1) If an employer carries on business chiefly in Kenya and an employee ordinarily employed in Kenya is injured in an accident while temporarily deployed outside Kenya, the employee is, subject to subsection (3), entitled to compensation as if the accident had happened in Kenya.
(2) The compensation contemplated in subsection (1) shall be
determined on the basis of the earnings the employee would have received if the employee had remained in Kenya.
(3) This section does not apply to an employee who has been deployed outside Kenya—
(i) for a continuous period of twelve months or longer; or
(ii) for a shorter period, if the employment outside Kenya is expected to last for more than twelve months.
(4) If an employee ordinarily employed outside Kenya by an employer that carries on business chiefly outside Kenya, is injured in an accident while temporarily deployed in Kenya, the employee is not be entitled to compensation under this Act.
(5) An employee deployed in Kenya for a continuous period of twelve months, shall be deemed to be ordinarily employed in Kenya.
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