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2 Oct 2026
By RecruitFinds
Starting a new job can be exciting, but the first few months can also feel uncertain.
You are learning the organisation, meeting new colleagues, understanding your manager's expectations and trying to prove that you were the right person for the position. At the same time, you may be working under a probationary contract, knowing that your employer is assessing your performance before confirming your employment.
For many employees in Kenya, probation lasts up to six months. Those months should not be treated as a period where you simply wait for confirmation. They are an opportunity to understand the job, establish your reputation, demonstrate results and build relationships within the organisation.
The Employment Act, 2007 provides the main legal framework for probationary contracts in Kenya. Section 42 states that a probationary period should not exceed six months, although it can be extended for a further period of up to six months with the employee's agreement. The Act also provides specific rules concerning termination of probationary contracts.
Understanding both your rights and your responsibilities can make the transition into a new workplace much easier.
A probationary period is an initial period of employment during which the employer assesses whether an employee is suitable for the position.
The employee is also assessing the employer.
You are learning whether the organisation provides the working environment, leadership, responsibilities and career direction that you expected when accepting the job.
Probation is therefore not simply an employer testing an employee. It is also a period where you learn how the organisation operates.
Your employment contract should clearly set out the terms of your employment, including any probationary arrangement.
Before signing, pay attention to:
Your job title
Salary
Reporting manager
Working hours
Probation period
Responsibilities
Benefits
Leave arrangements
Notice requirements
Performance expectations
Any conditions attached to confirmation
Do not rely entirely on verbal promises.
If your manager tells you that confirmation depends on achieving particular targets, try to have those expectations clearly communicated and, where possible, documented.
Under Section 42 of the Employment Act, a probationary period cannot initially exceed six months.
It can be extended for a further period of not more than six months, but the extension requires the employee's agreement. The total probationary period cannot exceed the aggregate period permitted by the Act.
This is important because an employee should not simply be kept on probation indefinitely.
Kenyan employment decisions have also addressed situations where employers attempted to extend probation without the employee's agreement. Courts have emphasized the requirement for agreement when extending the probationary period under Section 42.
If your employer proposes an extension, ask why the extension is being proposed, what specific areas require improvement and what measurable expectations you must meet during the additional period.
Do not be afraid to request clarity.
Do not wait until the final day of your probation to ask about your status.
If your probation is approaching its end, speak with your manager or HR department.
You can ask:
"My probation period is approaching its end, and I would like to understand how my performance has been assessed and what the next steps are regarding confirmation."
This is professional and reasonable.
If there are performance concerns, you want to know about them early enough to address them.
Recent Kenyan Employment and Labour Relations Court decisions have considered the effect of failing to properly extend probation within the requirements of Section 42. The specific outcome of any employment dispute depends on the facts and the contract involved, so employees should not assume that every situation will produce the same legal result.
The first month should largely be about understanding the organisation.
You may be tempted to immediately introduce major changes because you believe you have identified problems.
Be careful.
Before changing processes, understand why they exist.
During your first 30 days, focus on:
Understanding your responsibilities
Learning internal systems
Understanding reporting procedures
Meeting important colleagues
Learning how decisions are made
Understanding team expectations
Studying existing processes
Clarifying your key performance indicators
Learning your manager's communication style
Take notes.
You do not need to memorise everything.
Create a simple document where you record important procedures, deadlines, contacts, systems and questions.
This can reduce repeated mistakes.
Technical ability is important, but your first months are also about relationships.
You will probably interact with people outside your immediate team.
Get to know:
Your direct manager
Team members
HR representatives
People in departments you work with regularly
Key internal stakeholders
Employees who understand important systems or processes
You do not need to become friends with everyone.
The goal is to become known as someone who is respectful, reliable and easy to work with.
Simple habits can help.
Respond to messages on time. Attend meetings prepared. Keep people informed about delays. Give credit to colleagues who help you. Avoid unnecessary workplace gossip.
These behaviours can influence how colleagues experience working with you.
By the second month, you should be moving beyond simply learning.
You should start demonstrating that you can perform the role.
Review your responsibilities and identify several areas where you can produce measurable results.
For example, if you work in sales, you might track:
Leads contacted
Meetings arranged
Sales generated
Customer retention
Follow-ups completed
If you work in administration, you might track:
Reports completed
Documents processed
Response times
Filing accuracy
Tasks completed before deadlines
If you work in finance, you might monitor:
Reconciliations completed
Reports submitted
Outstanding items resolved
Errors identified and corrected
Reporting deadlines achieved
The exact metrics depend on your position.
The principle is simple: know what successful performance looks like.
By around three months, your manager will usually expect you to understand the core responsibilities of the position much better than you did during your first weeks.
You should gradually require less basic guidance.
That does not mean you should stop asking questions.
Instead, ask better questions.
Rather than:
"What should I do?"
try:
"I have identified two possible approaches. I recommend option A because it will allow us to complete the process faster. Would you prefer me to proceed with that approach?"
This demonstrates that you are thinking about solutions rather than simply waiting for instructions.
A simple 30-60-90 day plan can help you stay organised.
Your goals should include:
Learn the job
Understand expectations
Learn company systems
Build professional relationships
Identify areas where you need additional support
Focus on:
Completing core responsibilities independently
Meeting agreed targets
Improving your workflow
Solving smaller problems
Demonstrating reliability
Focus on:
Consistent performance
Measurable results
Taking appropriate initiative
Identifying improvements
Becoming increasingly independent
These are not legal requirements.
They are simply a practical framework for managing your transition.
Your actual goals should come from your job description, manager and organisation.
Do not wait for the probation review to discover that your manager has concerns.
Ask for feedback periodically.
You could say:
"I would appreciate some feedback on how I am performing so far. Are there any areas you would like me to improve before my probation review?"
This question gives your manager an opportunity to raise concerns while you still have time to act.
If your manager says your reports are too slow, for example, you now have a specific issue to address.
If they say your communication needs improvement, ask what that means in practical terms.
You can ask:
"Could you give me an example of where I could communicate more effectively?"
Specific feedback is much easier to act on than a vague statement such as "you need to improve."
Do not rely on your memory when probation review time arrives.
Keep a simple achievement record.
For example:
January
Completed onboarding
Learned company CRM
Took responsibility for five client accounts
February
Improved response time
Completed monthly reports
Resolved outstanding customer issues
March
Exceeded assigned sales target
Helped train new team member
Introduced a more efficient tracking system
Your record does not need to be complicated.
The purpose is to make your progress visible.
It can also help you prepare for performance discussions.
Everyone makes mistakes, particularly when starting a new job.
The problem is usually not the first mistake.
The bigger problem can be hiding it.
If you discover that you made an error, assess the impact and inform the appropriate person.
For example:
"I noticed an error in the report I submitted earlier. I have identified the cause and corrected the figures. I am also checking the remaining entries to make sure there are no similar errors."
This demonstrates accountability.
Do not blame colleagues unless there is a genuine issue that needs to be reported.
Take responsibility for what belongs to you.
You will not always agree with your supervisor.
That is normal.
The important part is how you handle disagreement.
Instead of saying:
"That will never work."
try:
"I understand the objective. I have a concern about how this may affect X. Could we consider Y as an alternative?"
This keeps the discussion professional.
If the disagreement concerns an instruction that you believe is unlawful, discriminatory, unsafe or seriously problematic, the situation may require a different approach. Keep relevant communication and seek appropriate professional advice where necessary.
Do not automatically treat criticism as a personal attack.
Separate the message from the emotion.
If your manager says your performance is below expectations, ask:
Which targets am I missing?
What examples can you give me?
What improvement is expected?
By when should I demonstrate the improvement?
What support or resources are available?
Then document the agreed expectations.
For example:
"To confirm our discussion, I understand that my priority over the next month is to reduce reporting errors and submit all weekly reports by Friday."
This creates clarity.
It also gives you something measurable to work toward.
An extension does not automatically mean that you are failing.
There may be legitimate reasons for extending a probationary period.
However, you should understand exactly why it is happening.
Ask:
"Could you please clarify the specific areas that led to the extension and the performance standards I need to meet during the extended period?"
Then ask when your performance will be reviewed again.
Under Section 42, an extension beyond the initial six months requires the employee's agreement and cannot exceed a further six months.
If you are unsure whether the proposed arrangement complies with your contract or Kenyan employment law, consider obtaining advice from a qualified employment lawyer or labour professional.
The Employment Act treats probationary contracts differently from ordinary employment contracts.
Section 42 provides that Section 41's normal notification and hearing provisions do not apply where employment is terminated under a probationary contract. It also states that either party may terminate a probationary contract by giving at least seven days' notice or, in the employer's case, payment of seven days' wages in lieu of notice.
This does not mean an employer can ignore every other legal requirement.
Other provisions of the Employment Act may still be relevant depending on the circumstances of the termination.
For that reason, if you believe your probationary employment has been terminated unlawfully, do not rely solely on general workplace advice. Look at your contract and seek qualified legal guidance based on the specific facts.
Probation can reveal problems that were not obvious during recruitment.
Pay attention if you repeatedly experience:
Responsibilities that are completely different from what you were hired to do
Unclear or constantly changing performance targets
Persistent unpaid work outside agreed arrangements
Abusive or threatening conduct
Discrimination
Serious safety concerns
Pressure to falsify records
Unexplained salary problems
Repeated promises that are never documented
One difficult day does not necessarily mean there is a serious workplace problem.
Look at patterns.
If something concerning happens, keep factual records of relevant dates, instructions and communications.
Passing probation is important, but keeping a job should not mean ignoring serious problems.
Learn to distinguish between normal pressure associated with learning a new job and conduct that raises legitimate workplace concerns.
If you are struggling with workload, talk to your manager early.
You could say:
"I am currently handling A, B and C, and I want to make sure the quality of the work remains high. Could we discuss which task should take priority?"
This is more constructive than silently becoming overwhelmed.
As your probation approaches six months, prepare for the confirmation discussion.
Review:
Your original job description
Your agreed targets
Your achievements
Feedback received
Areas where you improved
Major projects completed
Any measurable results
Then prepare a short summary.
For example:
"During my probation, I took responsibility for the monthly reporting process, reduced outstanding customer follow-ups and consistently met the agreed reporting deadlines. I also completed the internal systems training and can now manage the process independently."
This gives your manager a clear summary of your contribution.
If your employer tells you that you will not be confirmed, remain professional.
Ask for clarity about the decision and the next steps.
If appropriate, request feedback on the areas that influenced the decision.
You may learn something useful for your next position.
If you believe the termination or probation arrangement breached your contractual or statutory rights, obtain professional employment-law advice. Kenyan courts have dealt with disputes involving probation extensions, confirmation and termination, but the legal outcome depends heavily on the facts and the terms of the employment relationship.
The first three to six months of a new job should not be treated as a waiting period.
Use the time deliberately.
Learn the organisation during your first month. Start producing measurable results during the second. By the third month, work toward demonstrating greater independence. Continue asking for feedback rather than waiting until the end of probation to discover what your manager thinks.
At the same time, understand your rights.
In Kenya, the Employment Act limits an initial probationary period to six months and permits a further extension of up to six months only with the employee's agreement. A probationary contract also has specific rules concerning termination and notice.
Most importantly, keep evidence of your work.
Your first months are easier to manage when you can clearly show what you were asked to do, what you accomplished, what feedback you received and how you responded to it.
Probation is not simply about surviving until the six-month mark. It is about using those months to establish yourself as a reliable professional, understand the workplace and build a strong foundation for the rest of your career.
