Fixed-Term Contracts Are Quietly Reshaping Work in Kenya, and the Law Has Not Caught Up
Discuss this preprint
Start a discussion What are Sciety discussions?Listed in
This article is not in any list yet, why not save it to one of your lists.Abstract
This article examines the increasing use of fixed-term contracts (FTCs) in Kenya and the challenges they pose to workers’ rights and labor regulation. While FTCs have become a common form of non-standard employment, the existing legal framework under the Employment Act 2007 provides limited regulation governing their use. The article analyzes how the absence of clear statutory provisions on issues such as contract renewal, successive contracts, and equal treatment has exposed workers to exploitation and weakened trade union organizing. It further explores the tension between the constitutional right to fair labor practices and the legal treatment of FTC workers, particularly regarding contract non-renewal and employer retaliation. The article argues that the current legal framework has failed to keep pace with the growing use of fixed-term employment and proposes legislative reforms to strengthen worker protections and regulate the use of FTCs in Kenya.