Employment Law: Annual Leave Labour Laws in Kenya

Below is section 28 of the Kenya Employment Act which deals with annual leave
28. Annual leave
(1) An employee shall be entitled—
(a) after every twelve consecutive months of service with his employer
to not less than twenty-one working days of leave with full pay;
(b) where employment is terminated after the completion of two or more
consecutive months of service during any twelve months’ leave-earning
period, to not less than one and three-quarter days of leave with full
pay, in respect of each completed month of service in that period, to be
taken consecutively.
(2) An employer may, with the consent of the employee divide the minimum
annual leave entitlement under subsection (1)(a) into different parts to be taken
at different intervals.
(3) Unless otherwise provided in an agreement between an employee and an
employer or in a collective agreement, and on condition that the length of service
of an employee during any leave-earning period specified in subsection (1)(a)
entitles the employee to such a period, one part of the parts agreed upon under
subsection (2) shall consist of at least two uninterrupted working weeks.
(4) The uninterrupted part of the annual leave with pay referred to in
subsection (3) shall be granted and taken during the twelve consecutive months
of service referred to in subsection (1)(a) and the remainder of the annual leave
with pay shall be taken not later than eighteen months from the end of the leave
earning period referred to in subsection (1)(a) being the period in respect of
which the leave entitlement arose.
(5) Where in a contract of service an employee is entitled to leave days in
excess of the minimum specified in subsection (1)(a), the employer and the
employee may agree on how to utilize the leave days.