ADVOKS GLOBAL · KENYA
Employment Act
3. Application
Edition: 2024-04-26 · In force
3. Application
(1)This Act shall apply to all employees employed by any employer under a contract of service.(2)This Act shall not apply to—(a)the Kenya Defence Forces or the reserve as respectively defined in the Kenya Defence Forces Act (Cap. 199);(b)the Kenya Police, the Kenya Prisons Service or the Administration Police Force;(ba)the Kenya Coast Guard Service;(bb)the National Intelligence Service;(c)the National Youth Service; and(d)an employer and the employer's dependants where the dependants are the only employees in a family undertaking.(3)This Act shall bind the Government.(4)The Cabinet Secretary may, after consultation with the Board and after taking account of all relevant conventions and other international instruments ratified by Kenya, by order exclude from the application of all or part of this Act limited categories of employees in respect of whom special problems of a substantial nature arise.(5)The Cabinet Secretary may, after consultation with the Board, by order exclude from the application of all or part of this Act categories of employed persons whose terms and conditions of employment are governed by special arrangements:Provided those arrangements afford protection that is equivalent to or better than that part of the Act from which those categories are being excluded.(6)Subject to the provisions of this Act, the terms and conditions of employment set out in this Act shall constitute minimum terms and conditions of employment of an employee and any agreement to relinquish, vary or amend the terms herein set shall be null and void.Case law referring to this provision