Working Hours and Overtime Pay in Kenya: What the Law Says

What are the legal working hours in Kenya?

Section 27(1) of the Employment Act requires working hours to follow the Act and other written law. The General Order sets a normal week of 52 hours for day workers and 60 hours for night workers, spread over six days. For workers under 16, the daily limit is six hours. Sector orders may set different terms. In Ndili v Fidelity Security Limited [2024] KEELRC 174, the court applied the Protective Security Services Order, which sets 52 hours over six days for security workers, day or night. The case worker’s 60-hour week therefore included eight overtime hours.

Confirm which wage order applies to your role, because sector terms can differ from the General Order.

What are my rest days and breaks?

If a rest day is deferred by agreement, it must be given within 14 days; a rest day not taken within that period is treated as paid leave. Section 27 does not set a daily meal-break duration, so check the applicable wage order and your employment terms for breaks.

What is the overtime rate and how do I calculate it?

Regulation 7 of the General Order provides 1.5 times the normal hourly rate for overtime, twice the rate for rest-day and public-holiday work, and a 225 divisor for calculating the basic hourly rate of employees not paid by the hour. The Protective Security Services Order has its own overtime provisions; Ndili quotes its rest-day multiplier and 225 divisor.

1. Record each date and overtime start and finish time.
2. Separate working time from genuine breaks under your terms.
3. Find the hourly base and multiplier in your applicable instrument.
4. Calculate the applicable rate × multiplier × hours; show the arithmetic.
5. Compare with payslips and deduct amounts already paid.

Hypothetical General Order example: Assume a basic monthly wage of KES 30,000. The hourly rate is KES 30,000 ÷ 225 = KES 133.33. Ten overtime hours at 1.5× calculate to KES 2,000; six hours on a rest day or public holiday at 2× calculate to KES 1,600. Total: KES 3,600, using the unrounded hourly rate. Check the order that applies to your job.

Do sector wage orders change the rules?

The Regulation of Wages (General) Order is Legal Notice 120 of 1982. Its working-hours and overtime rules set the 52/60-hour limits, the six-hour daily cap for workers under 16, the 14-day rest-day rule, overtime multipliers and the 225 monthly divisor. Sector orders may differ. For example, Ndili quotes a 52-hour normal week for both day and night workers under the Protective Security Services Order.

Under section 26(2), terms in a CBA, contract, regulation, written law or award that are better than the minimums in Parts V and VI apply. A CBA can improve terms but does not automatically override every law.

Check your occupation’s order and any CBA. The requested minimum-wage, underpayment and employment-law URLs are not live; browse current guides at /blog.

How do I prove overtime and how long do I have to claim?

Start with specific dates, hours and arithmetic. In Ngunda v Ready Consultancy Limited [2022] KECA 577, the Court of Appeal rejected a claim for 5,184 overtime hours without a day-by-day breakdown and proof. Section 10(6) requires written particulars to be kept for five years after termination. Under section 10(7), if the employer fails to produce the written contract or particulars in proceedings, the employer must prove or disprove the alleged term. Section 74 creates employee-record duties; it is not a blanket five-year rule for clock logs.

In H. Young & Company (E.A) Limited v Okoth & another (Civil Appeal 51 of 2020) [2025] KECA 466 (KLR), delivered 7 March 2025, the Court of Appeal dismissed the appeal and upheld a KES 942,000 award. A computation and staff movement report supported the employees’ claim on a balance of probabilities; the employer did not rebut it. The rates came from that case’s CBA, not a universal rule.

The burden point is not automatic: section 10(7) concerns an employer’s failure to produce written contract particulars. In Petrocity Enterprises Limited v Shimoka [2024] KEELRC 2083, the court required the employer to answer the employee’s overtime evidence. Kimani v Lavington Security Limited [2025] KEELRC 603 cautioned that section 74 record duties alone do not reverse the burden. Keep your own evidence and request relevant attendance records in writing.

Section 90 allows three years after the act, neglect or default, or 12 months after continuing injury or damage ceases. Decisions differ on overtime: SGA Security Solutions Limited v Kitsao [2025] KEELRC 2315 treated it as a continuing injury and assessed 12 months; Petrocity applied a three-year period to unpaid benefits. Do not assume the 12 months always starts on your last day of work. Seek advice and act promptly.

What if I am not paid overtime?

Compare your log with your rota, payslips and applicable rate. Request payment in writing, listing dates, hours and arithmetic; keep a copy.

If disputed, take your contract and evidence to an employment lawyer or labour office. Check deadlines promptly; outcomes depend on the facts.

Frequently asked questions about overtime in Kenya

Official sources