Employees whose work is for a period of less than 3 months are not entitled to a written contract of service.

Section 9(1a) of the Employment Act provides that a contract of service will only be issued or entered into for work taking a period of or a number of working days which amount in the aggregate to the equivalent of 3 months or more.
Commonly, it’s a requirement that all contracts of service should be written however if an employee is engaged for a period of less than 3 months, the employer can elect to give or not to give him a written contract of service.
Krystalline Salt Limited v Kwekwe Mwakele& 67 others [2017] eKLR
Under section 37 of the Employment Act, the court has the power to vary the terms and conditions of service of workers and declare that employees are employed in terms and conditions consistent with the Employment Act. In this case, the claimants worked continuously for days, which in the aggregate was more than a month and as such under Section 37(1) (a) they had become protected by Section 35(1) (c) from arbitrary dismissal.  Under Section 31(1) (c) an employee cannot be terminated without prior written notice of 28 days.  In this case therefore, the respondent was barred from terminating the claimant’s employment without a prior written notice of 28 days. http://kenyalaw.org/caselaw/cases/view/132633/

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