Are house helps protected by Kenyan labour laws?

Yes. Under the Constitution of Kenya and the Employment Act, 2007, house helps are legally recognized as employees and entitled to fair pay, leave, and safe working conditions.

Is a written contract required for house helps in Kenya?

Yes. Employment lasting more than three months must be supported by a written contract outlining wages, duties, working hours, and termination terms.

What is the minimum wage for house helps in Kenya?

House helps are covered under Kenya’s minimum wage regulations, and employers must pay not less than the wage set by the government for domestic workers.

Are house helps entitled to leave in Kenya?

Yes. House helps are entitled to weekly rest days, at least 21 days of paid annual leave, sick leave, and maternity leave as provided by Kenyan law.

Can an employer dismiss a house help without notice?

No. Termination without notice is unlawful unless there is proven gross misconduct. In most cases, notice or payment in lieu of notice is required.

Is it legal to employ a child as a house help in Kenya?

No. Kenyan law prohibits employing anyone under 18 years as a house help. Employers must verify age before employment.

Are NSSF and NHIF mandatory for house helps?

Yes. House helps qualify for NSSF and NHIF, and employers are legally required to register and remit contributions.

What can a house help do if their rights are violated?

They can report the issue to a Labour Office, County Labour Officer, or file a case at the Employment and Labour Relations Court.

Kenyan Labour Laws Every House Help and Employer Must Know (Constitutional Guide From an Expert)

Domestic work is one of the most common forms of employment in Kenya. House helps, nannies, caregivers, cooks, and cleaners support millions of households every day. Yet, this sector remains one of the least understood and most vulnerable when it comes to labour rights and legal protection.

Many disputes between employers and house helps arise not from bad intentions, but from lack of knowledge of the law. The Constitution of Kenya and several labour statutes clearly recognize domestic workers as employees, entitled to rights, dignity, and fair treatment.

Kenyan Labour Laws Every House Help and Employer Must Know (Constitutional Guide From an Expert)

A house help with her employer

This guide explains the general labour laws under the Constitution of Kenya and related statutes that directly affect house helps and their employers. It is written in plain language, practical for everyday use, and balanced to protect both the employee and the employer.

1. The Constitution of Kenya (2010): Foundation of Labour Rights

The Constitution is the supreme law of Kenya. All labour laws, contracts, and workplace practices must comply with it.

Article 41: Labour Relations

This is the most important constitutional provision for house helps.

It guarantees every worker the right to:

Fair labour practices
Fair remuneration
Reasonable working conditions
Join and participate in trade unions
Go on strike (where applicable)

What this means for house helps

A house help is a worker under the Constitution
They must be paid fairly and on time
Working hours must be reasonable
Exploitation, forced labour, or abuse is unconstitutional

What this means for employers

Employing a house help is a legal employment relationship
Verbal or written agreements must respect fairness
You cannot treat domestic work as “informal” or outside the law

2. Equality and Freedom from Discrimination (Article 27)

Article 27 guarantees equality before the law and prohibits discrimination.

Protected grounds include:

Sex
Pregnancy
Marital status
Ethnic or social origin
Disability
Age

Impact on house helps

A house help cannot be dismissed for pregnancy
Cannot be paid less due to gender or tribe
Cannot be abused or treated as inferior

Impact on employers

Employment decisions must be fair and objective
Termination must not be discriminatory
Discipline must be based on conduct, not personal bias

Read Related: Boss Not Paying? 5 Things a Domestic worker Should Do If an Employer Fails to Pay Salaries

3. Human Dignity (Article 28)

Every person has inherent dignity and the right to have that dignity respected and protected.

In domestic employment, this means:

No verbal, physical, or emotional abuse
No degrading treatment
No humiliating punishments or threats

Practical examples

Insults, shouting, and threats violate dignity
Withholding food or rest is unconstitutional
Locking a house help in or out is illegal

4. Freedom from Slavery, Servitude and Forced Labour (Article 30)

The Constitution strictly prohibits:

Slavery
Servitude
Forced labour

How this applies to house helps

A house help must work voluntarily
They must be free to resign with notice
Confiscating ID cards or restricting movement is illegal

For employers

You cannot force someone to work without consent
You cannot prevent them from leaving employment
Notice periods must be reasonable, not coercive

5. The Employment Act, 2007

This is the main law governing employment relationships in Kenya, including domestic workers.

5.1 Definition of an Employee

The Act clearly recognizes domestic workers as employees, whether:

Paid daily, weekly, or monthly
Working full-time or part-time
Employed verbally or in writing

5.2 Employment Contracts

Legal requirement

Employment longer than 3 months must be in writing

Contract should state

Name of employer and employee
Job description
Wages
Working hours
Rest days
Leave entitlement
Termination notice period

Why this protects both sides

Reduces disputes
Clarifies expectations
Acts as evidence if conflict arises

5.3 Wages and Minimum Wage

House helps are protected by minimum wage regulations under the Labour Institutions Act.

Key points

Wages must meet or exceed the legal minimum
Payment must be regular and documented
Deductions must be lawful and explained

Employers benefit because

Clear wage standards reduce legal risk
Proper records protect against false claims

5.4 Working Hours and Rest Days

The law requires:

Reasonable working hours
At least one rest day per week
Overtime compensation where applicable

Domestic work reality

Live-in house helps must still get rest
Working from early morning to late night without rest is illegal

5.5 Annual Leave

Every employee is entitled to:

At least 21 days of paid annual leave after 12 months of service

Options

Leave taken in full
Leave paid in lieu (if mutually agreed)

5.6 Sick Leave

After two months of service, a house help is entitled to:

7 days fully paid sick leave
7 days half-paid sick leave per year

Medical proof may be required.

5.7 Maternity Leave

Female house helps are entitled to:

3 months maternity leave with full pay

Dismissal due to pregnancy is illegal and unconstitutional.

More: Signs Your House Help or Nanny Is Stressed – And How to Naturally Support Mental Well-Being

6. Termination of Employment and Notice

6.1 Notice Periods

The Employment Act requires:

Notice as per contract
Or statutory minimum notice

Typical standards

Daily pay: 1 day notice
Monthly pay: 28 days notice

6.2 Unfair Termination

Termination is unfair if:

No valid reason is given
No hearing is conducted
Termination is discriminatory or abusive

Valid reasons include

Misconduct
Poor performance (with warning)
Redundancy (rare in domestic work)

7. The Labour Relations Act, 2007

This law protects the right to:

Join trade unions
Participate in labour activities

For house helps

They can join domestic workers’ associations
They can seek collective support

For employers

Union membership is not a personal attack
It is a legal right, not misconduct

8. Occupational Safety and Health Act (OSHA)

Employers must provide a safe working environment.

In a household, this includes:

Safe equipment and tools
Reasonable workload
Protection from hazardous tasks

Examples

Proper cleaning chemicals
Safe cooking conditions
Avoiding dangerous assignments without protection

9. Children Act and Prohibition of Child Labour

It is illegal to employ:

Children under 18 in domestic work

Employers must verify age and avoid exploitative practices.

10. NSSF and NHIF|SHA|SHIF Obligations

House helps qualify for:

NSSF contributions
NHIF|SHA|SHIF
registration

Why this matters

Social security in old age
Access to healthcare
Legal compliance for employers

11. Dispute Resolution and Legal Remedies

Where house helps can report issues

Labour Office
County Labour Officers
Courts (Employment and Labour Relations Court)

Employers can also seek help when:

A house help abandons duty
Theft or misconduct occurs
Contract terms are violated

12. Best Practices for Employers

Use written contracts
Pay wages on time
Respect rest days and leave
Treat house helps with dignity
Keep employment records

13. Best Practices for House Helps

Understand your rights
Request a written agreement
Keep records of payments
Communicate issues early
Use legal channels when necessary

Conclusion

House helps in Kenya are fully protected by the Constitution and labour laws. Domestic employment is not informal charity; it is a legal relationship governed by rights and responsibilities.

When employers understand the law, they reduce risk and build trust. When house helps understand their rights, they protect their dignity and livelihood. A lawful, respectful domestic work environment benefits families, workers, and society at large.

For households, compliance is not just about avoiding legal trouble. It is about fairness, humanity, and professionalism in one of the most intimate workplaces of all: the home.