Apprenticeship Agreement (Kenya)

An Apprenticeship Agreement in Kenya is a legally binding contract between an employer (the master) and an apprentice — typically a young person aged 16 to 25 — governing a structured period of practical vocational training in a skilled trade or technical occupation. The Apprenticeship Agreement in Kenya is primarily regulated by the Industrial Training Act (Cap. 237) and administered by the National Industrial Training Authority (NITA), a state corporation established under the Industrial Training Act to promote and regulate technical and vocational training across all industry sectors in Kenya.

Section 2 of the Employment Act No. 11 of 2007 defines an apprenticeship as a contract under which a person binds themselves to serve an employer for the purpose of learning a trade, craft, or technical skill under the employer's instruction and supervision. While the Employment Act establishes the general employment law framework, the Industrial Training Act (Cap. 237) provides the sector-specific regulatory structure for formal apprenticeships, including NITA registration, training levies, and the curriculum standards applicable to each recognised trade.

NITA administers the National Apprenticeship Programme (NAP) in partnership with employers and Technical and Vocational Education and Training (TVET) institutions accredited by the TVET Authority (TVETA) under the Technical and Vocational Education and Training Act No. 29 of 2013. Under the NAP, apprentices combine on-the-job training with theoretical instruction at a TVET institution, with the programme duration typically ranging from 12 to 36 months depending on the complexity of the trade. Graduates receive a Government Trade Test Certificate or a National Vocational Certificate of Education and Training (NVCET) upon successful completion.

The Industrial Training Levy — imposed on employers in designated levy-liable industries under the Industrial Training (Trade Apprenticeship) Regulations — funds NITA's training programmes. Employers who register apprentices with NITA and comply with the approved training programme may claim training levy refunds upon satisfactory completion of the apprenticeship. The Kenya Revenue Authority (KRA) administers the levy collection and refund process.

An Apprenticeship Agreement differs fundamentally from an Internship Agreement and from a standard Employment Contract. An Internship is a short-term observational or learning placement, often unpaid or minimally compensated, without the structured curriculum, qualification outcome, or regulatory oversight that characterises an apprenticeship. A standard Employment Contract governs an ongoing commercial employment relationship without a structured training curriculum tied to a national qualification. The Employment and Labour Relations Court (ELRC) and NITA have confirmed that apprentices — like employees — are entitled to statutory protections including workplace safety under the Occupational Safety and Health Act No. 15 of 2007 (OSHA) and compensation for workplace injuries under the Work Injury Benefits Act No. 13 of 2007 (WIBA).

The legal framework governing the Apprenticeship Agreement (Kenya) in Kenya draws on several key statutes and regulatory bodies. Under the Employment Act No. 11 of 2007, the Employment and Labour Relations Court (ELRC) adjudicates workplace disputes in Kenya. Section 35 of the Employment Act 2007 governs termination of employment. The National Social Security Fund Act No. 45 of 2013 mandates employer contributions to NSSF. The Social Health Insurance Fund (SHIF) replaced NHIF in 2024. The Kenya Revenue Authority (KRA) administers PAYE under the Income Tax Act (Cap. 470). Parties executing a Apprenticeship Agreement (Kenya) in Kenya should confirm the document reflects current law, including any amendments enacted since the original drafting date. The Industrial Training Act Cap. 237 sets the foundational requirements.

A Kenya Apprenticeship Agreement is required whenever an employer in Kenya engages a person as a formal apprentice under the Industrial Training Act (Cap. 237) and the National Industrial Training Authority (NITA) framework.

An Apprenticeship Agreement is needed when a construction company, engineering firm, or manufacturing business registered with the Business Registration Service (BRS) wishes to train young workers in a specific trade — such as electrical installation, plumbing, welding, carpentry, or motor vehicle repair — under the NITA National Apprenticeship Programme (NAP). NITA requires the submission of a signed Apprenticeship Agreement as part of the employer registration application and apprentice enrolment process.

An Apprenticeship Agreement is required when a TVET Authority (TVETA)-accredited institution provides off-the-job theoretical training to complement on-the-job practical training at the employer's premises, and a tripartite arrangement between the employer, the TVET institution, and the apprentice must be documented. Without a written agreement, the allocation of training responsibilities, the liability for workplace injuries under WIBA, and the qualification certification process cannot be formally administered.

An Apprenticeship Agreement is needed when an employer wishes to reclaim a portion of the Industrial Training Levy paid to the Kenya Revenue Authority (KRA) under the Industrial Training Act (Cap. 237). NITA requires evidence of a registered Apprenticeship Agreement and satisfactory completion of the training programme before processing any levy refund application.

An Apprenticeship Agreement is required when the apprentice is a minor aged 16 or 17 years. The Employment Act No. 11 of 2007, Section 56, and the Children Act No. 29 of 2022 set minimum age requirements and restrict the hours and hazardous nature of work permitted for persons under 18. A written Apprenticeship Agreement specifying the training activities, working hours, and safety arrangements is required to demonstrate compliance with the Children Act.

An Apprenticeship Agreement is needed when an employer is offering a sponsored apprenticeship linked to a Government of Kenya skills development initiative or a development finance programme — such as those administered by the Youth Enterprise Development Fund or the Kenya Development Corporation — where the sponsoring institution requires a formal agreement as a condition of funding.

A valid Apprenticeship Agreement in Kenya under the Industrial Training Act (Cap. 237) and the Employment Act No. 11 of 2007 must include the following essential components.

Parties and Identification: The full legal name, BRS registration number, and physical address of the employer; the full legal name, National Identity Card (NIC) number (or birth certificate for apprentices under 18), and residential address of the apprentice. Where the apprentice is a minor, the agreement must be signed by a parent or guardian in addition to the apprentice, consistent with the Children Act No. 29 of 2022, Section 79.

Trade or Occupation: The specific trade, craft, or technical skill the apprentice will learn — stated precisely and matched to the relevant NITA-registered trade category (e.g., Electrical Technician — Grade I, Automotive Mechanic, Plumber/Pipefitter). The trade description must align with the NITA National Occupational Standards (NOS) applicable to the apprenticeship to enable qualification certification upon completion.

Duration and Training Programme: The agreed duration of the apprenticeship (typically 12, 24, or 36 months), the start and anticipated end date in DD/MM/YYYY format, the name and TVET Authority (TVETA) accreditation number of the TVET institution providing off-the-job instruction, and the schedule of practical and theoretical training components. The agreement should reference the NITA-approved training curriculum applicable to the trade.

Stipend and Allowances: The monthly training stipend payable to the apprentice in Kenya Shillings (KES). While there is no statutory minimum apprenticeship stipend under the Industrial Training Act, the Employment Act No. 11 of 2007 and the Regulation of Wages (General) Order set general minimum wage standards that NITA recommends apprentice stipends reference. Apprentices are entitled to Work Injury Benefits Act (WIBA) coverage from the first day of training — the employer must arrange and pay for WIBA insurance.

Working Hours and Safety: Maximum training hours per day and per week, consistent with the Occupational Safety and Health Act No. 15 of 2007 (OSHA) requirements and the special protections for workers under 18 in the Children Act No. 29 of 2022. The employer's specific OSHA obligations — provision of personal protective equipment (PPE), OSHA-compliant training premises, and accident reporting to the Directorate of Occupational Safety and Health Services (DOSHS) — must be confirmed.

Completion and Certification: The qualification to be awarded upon successful completion — Government Trade Test Certificate (Grade I, II, or III) or National Vocational Certificate of Education and Training (NVCET) — and the assessment procedure conducted by NITA. The agreement should confirm the employer's obligation to release the apprentice for NITA-administered trade tests at the scheduled times without deduction from training stipend.

Termination: Grounds on which either party may terminate the Apprenticeship Agreement early — poor performance after a formal warning, serious misconduct, employer insolvency, or withdrawal by the TVET institution — and the notice period applicable. Early termination of a NITA-registered apprenticeship must be reported to NITA within 14 days.

The forms-legal.com Apprenticeship Agreement template for Kenya covers all mandatory NITA registration elements and provides practical guidance on trade selection, levy refund eligibility, and OSHA compliance obligations under Kenyan law.

Additional compliance elements for a Apprenticeship Agreement (Kenya) used in Kenya include: Under the Employment Act No. 11 of 2007, the Employment and Labour Relations Court (ELRC) adjudicates workplace disputes in Kenya. Section 35 of the Employment Act 2007 governs termination of employment. The National Social Security Fund Act No. 45 of 2013 mandates employer contributions to NSSF. The Social Health Insurance Fund (SHIF) replaced NHIF in 2024. The Kenya Revenue Authority (KRA) administers PAYE under the Income Tax Act (Cap. 470). Forms-legal.com provides this template as a starting point for Kenya-compliant documentation.