Is a caretaker an employee or an independent contractor in Kenya?
This depends on the arrangement. A caretaker who works exclusively for one property owner, follows instructions on how to do their work, and is integrated into the property operation is likely an employee under the Employment Act 2007, entitled to NSSF, NHIF, leave, and minimum wage protections.
What should a Kenyan caretaker agreement include?
Duties (maintenance, security, tenant liaison), compensation (salary or rent-free accommodation or both), working hours, leave, accommodation terms (if the caretaker lives on-site), notice period, and what happens if the property is sold or the landlord no longer requires a caretaker.
Can a caretaker be given rent-free accommodation as their only payment in Kenya?
No. Under the Kenyan minimum wage regulations, a caretaker who is an employee must receive at least the minimum wage for their category. Accommodation can be part of the remuneration package but cannot substitute for a cash wage below minimum wage levels.