Section 74 of Employment Act CAP 226: 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 under section 6(2) where applicable;
(b) specified in section 10(3);
(c) specified in section 13;
(d) specified in sections 21 and 22;
(e) of an employee’s weekly rest days specified in section 27;
(f) of an employee’s annual leave entitlement, days taken and days due specified in section 28;
(g) of maternity leave specified in section 29;
(h) of sick leave specified in section 30;
(i) where the employer provides housing, particulars of the accommodation provided and, where the wage rates are deconsolidated particulars of the house allowance paid to the employee;
(j) of food rations where applicable;
(k) specified in section 61;
(l) of a record of warning letters or other evidence of misconduct of an employee; and
(m) any other particulars required to be kept under any written law or as may be prescribed by the Minister.
(2) An employer shall permit an authorised officer who may require an employer to produce for inspection the record for any period relating to the preceding thirty-six months to examine the record.
(3) Where an employer who employs a child maintains a register in accordance with section 61, the employer shall be deemed to have complied with this section if the register contains in relation to each child, the particulars required to be kept by the employer under subsection (1).

Disclaimer: This document is not to be taken as legal advice.

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Cited By:

Stephen Nduati Kagombe v Nanchang Foreign Engineering Company Kenya Limited [2020] eKLR

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