Deduction From Wages

Deduction from wages. 6.
(1) Notwithstanding subsection (1) of section 4, an emploer may deduct from

the wages of his employee - (a) any amount due from the employee as a contribution to any provident
fund or superannuation scheme or any other scheme approved by the Labour Commissioner to which
the employee has agreed to contribute; (b) a reasonable amount for any damage done to, or loss of , any
property lawfully in the possession or custody of the employer occasioned by the wilful default of the
employee; (c) an amount not exceeding one day's wages in respect of each working day for the whole of
which the employee, without leave or other lawful cause, absents himself Employment Act, Cap 226
www.kenyalaw.org from the premises of the employer or other place proper and appointed for the
performance of his work; (d) an amount equal to the amount of any shortage of money arising through
the negligence or dishonesty of the employee whose contract of service provides specifically for his
being entrusted with the receipt, custody and payment of money; (e) any amount paid to the employee
in error as wages in excess of the amount of wages due to him; (f) any amount the deduction of which is
authorized by any written law for the time being in force; (g) any amount in which the employer has no
beneficial interest, whether direct or indirect, and which the employee has requested the employer in
writing to deduct from his wages; (h) an amount due and payable by the employee under and in
accordance with the terms of an agreement in writing, by way of repayment or part repayment of a loan
of money made to him by the employer, not exceeding fifty per cent of the wages payable to that
employee after the deduction of all such other amounts as may be due from him under this section; (i)
such other amounts as the Minister may prescribe. (2) No deduction shall be made by an employer from
the wages payable to an employee as an advance of wages in consideration of, or as a reward for, the
provision of employment for that employee, or for retaining the employee in employment. (3) Without
prejudice to any right of recovery of any debt due, and notwithstanding the provisions of any other
written law, the total amount of all deductions which, under the provisions of subsection (1), may be
made by an employer from the wages of his employee at any one time shall not exceed one-half of such
wages or such additional or other amount as may be prescribed by the Minister either generally or in
relation to any specified employer or employee or class of employers or employees or any trade or
industry. Leave with full pay. 7. (1) Every 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)
A woman employee shall be entitled to two months maternity leave with full pay: Provided that a
woman who has taken two months maternity leave shall forfeit her Employment Act, Cap 226
www.kenyalaw.org annual leave in that year. (3) After two consecutive months of service with his
employer an employee shall be entitled to sick leave of not less than seven days with full pay, and
thereafter to seek leave of seven days with half pay, in each period of twelve consecutive months of
service, subject to production by the employee of a certificate of incapacity to work signed by a duly
qualified medical practitioner or a person acting on the practitioner's behalf in charge of a dispensary or
medical aid centre. (4) The leave referred to in subsection (1) shall be additional to all public holidays,
weekly rest days and any sick leave, whether fixed by law or agreement, in respect of which an employee
is not required to work. (5) For the purposes of this section "full pay" includes wages and salary at the
basic rate excluding any deductions from wages made by virtue of section 6.

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Deduction from wages. 6.

(1) Notwithstanding subsection (1) of section 4, an emploer may deduct from

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