Is a job offer letter legally binding in Kenya?
A signed offer letter can be legally binding if it contains the essential terms of employment. However, most offer letters are intended as a preliminary document before a full employment contract is issued. The letter should state whether it is binding or conditional (e.g. on background checks or reference checks).
Can an employer withdraw a job offer in Kenya?
If the offer has been accepted, withdrawing it may constitute breach of contract. The employee could claim damages for any losses suffered (e.g. costs of leaving their previous job). Conditional offers (subject to checks or approvals) can be withdrawn if the condition is not met.
What should a job offer letter include?
Job title, department, start date, salary and benefits, reporting line, any conditions of employment (e.g. background check, probation period), and the deadline for accepting the offer. The offer letter should make clear that a full employment contract will follow.