Internship Agreement

An Internship Agreement in Kenya sets out the rights, duties and consideration binding the parties to it.

The agreement is recognised in Kenya's labour practice as a foundational document for internship programmes run by corporates, non-governmental organisations, government ministries, and universities. The National Industrial Training Authority (NITA), established under the Industrial Training Act Cap. 237, regulates attachments and internships in the industrial sector and requires host employers to maintain proper documentation of each placement. The Ministry of Labour and Social Protection's guidelines on youth employment also recommend written internship agreements as a tool for formalising the growing informal internship market in Kenya.

A properly structured Kenya Internship Agreement distinguishes between a salaried employee and an intern receiving a training stipend. This distinction is important for determining liability under the Work Injury Benefits Act No. 13 of 2007, which covers employees injured at the workplace. Where an intern suffers an injury during the placement, the agreement should address whether they are covered under the host employer's WIBA insurance policy or a separate arrangement. The National Social Security Fund Act No. 45 of 2013 requires employers to register employees; the agreement should clarify that interns are not employees for NSSF contribution purposes unless the parties expressly agree otherwise.

Forms-legal.com provides a Kenya-specific Internship Agreement template that balances the legitimate learning objectives of the intern with the operational interests of the host organisation. The template incorporates provisions required by the Kenya National Qualifications Authority under the Kenya National Qualifications Framework Act No. 22 of 2014 for academic attachment programmes, and includes clauses on intellectual property assignment, data protection under the Data Protection Act No. 24 of 2019, and confidentiality — all areas where generic templates typically fall short when applied in the Kenyan context. Under Kenya law, Section 15 of the Employment Act 2007 (No. 11 of 2007) and Section 2 of the Law of Contract Act (Cap 23) govern the core requirements for this type of document.

The legal framework governing the Internship Agreement 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 Internship Agreement in Kenya should confirm the document reflects current law, including any amendments enacted since the original drafting date. The Employment Act No. 11 of 2007 sets the foundational requirements.

A Kenya Internship Agreement is needed in a range of practical situations that arise regularly for both private sector employers and public institutions.

First, universities and colleges in Kenya — including the University of Nairobi, Strathmore University, Kenyatta University, and JKUAT — require their students to complete industrial attachment or internship placements as part of degree and diploma programmes. The Kenya National Qualifications Authority under the Kenya National Qualifications Framework Act No. 22 of 2014 and the Universities Act No. 42 of 2012 both require that attachments be formally documented. Host employers must sign an agreement — often with the educational institution as a tripartite party — to confirm the placement terms before a student is permitted to report.

Second, the National Industrial Training Authority (NITA) under the Industrial Training Act Cap. 237 requires registered employers in the industrial, commercial, and services sectors to take on industrial trainees and maintain records of each placement. A written Internship Agreement fulfils this documentation requirement and protects the employer from NITA compliance queries.

Third, when a company is hiring interns through government programmes such as the Presidential Digital Talent Programme administered by the Ministry of ICT, Innovation and Youth Affairs, or the Kenya Youth Employment and Opportunities Project funded by the World Bank, the programme requirements typically specify that host employers execute formal placement agreements.

Fourth, organisations that deal with confidential information — financial institutions regulated by the Central Bank of Kenya Act Cap. 491, healthcare providers under the Health Act No. 21 of 2017, or technology companies — need the confidentiality and data protection provisions that a proper Internship Agreement includes, since interns may access sensitive systems and client data during their placement.

Fifth, any organisation that intends to assess an intern for potential permanent employment needs an Internship Agreement to document the assessment process and confirm that the intern understands that the placement does not guarantee subsequent employment, protecting the employer from claims of legitimate expectation under Kenyan labour law. Under Kenya law, Section 15 of the Employment Act 2007 (No. 11 of 2007) and Section 2 of the Law of Contract Act (Cap 23) govern the core requirements for this type of document.

A thorough Kenya Internship Agreement must include the following key elements to be legally sound and operationally effective.

**Parties and Nature of Relationship.** The agreement must clearly identify the host organisation — with its company registration or NGO registration number — and the intern by full name and national identity card or passport number. Critically, the agreement must state that the intern is not an employee of the host organisation within the meaning of the Employment Act No. 11 of 2007 section 2, and that the placement is for training and learning purposes only.

**Duration and Hours.** The agreement must specify the start date, end date, and daily working hours. Most Kenyan internship placements run from one to six months. The working hours should be consistent with the maximum of 52 hours per week permitted under section 27 of the Employment Act No. 11 of 2007. Any extension of the placement should be documented in a written addendum.

**Learning Objectives and Supervisor.** A meaningful distinction between an internship and exploitative unpaid labour is the presence of genuine learning objectives. The agreement should list the skills and knowledge the intern is expected to acquire, identify a named supervisor within the organisation, and include a provision for at least one formal review of the intern's progress. The National Industrial Training Authority under the Industrial Training Act Cap. 237 looks for evidence of structured training when auditing registered employers.

**Stipend and Benefits.** While Kenya law does not mandate a minimum wage for interns, the Employment Act No. 11 of 2007 and Kenya's Minimum Wages Order (currently gazetted under Legal Notice No. 56 of 2024) may apply if the intern's work is indistinguishable from that of an employee. Best practice — and the approach endorsed by the Federation of Kenya Employers — is to pay a stipend that at minimum covers the intern's transport and meal costs, typically KES 15,000–30,000 per month in Nairobi. The agreement should state whether the stipend is gross or net of withholding tax under section 35 of the Income Tax Act Cap. 470, which applies to non-employment income.

**Intellectual Property.** Any work product, software code, reports, designs, or creative output produced by the intern during the placement should be assigned to the host organisation. The agreement must include an express IP assignment clause, as the default position under the Copyright Act Cap. 130 and the Industrial Property Act No. 3 of 2001 may vest authorship rights in the creator — the intern — in the absence of a written assignment.

**Confidentiality.** The intern must agree to keep all confidential information — client data, trade secrets, internal processes, and financial information — confidential during and after the placement. The confidentiality obligation should survive termination of the agreement. Where the host organisation is regulated by the Data Protection Act No. 24 of 2019, the agreement should also include a clause requiring the intern to comply with the organisation's data protection policy and not to process personal data outside the scope of their assigned tasks.

**Health, Safety, and Insurance.** The host employer's duty under the Occupational Safety and Health Act No. 15 of 2007 to maintain a safe working environment extends to interns on the premises. The agreement should state whether the intern is covered under the employer's Work Injury Benefits Act No. 13 of 2007 insurance policy or a separate visitor's insurance, and should require the intern to attend safety induction before commencing work.

**Termination.** Either party should be able to terminate the agreement with reasonable notice — typically seven days — or immediately in cases of gross misconduct. The agreement should define gross misconduct to include breach of confidentiality, dishonesty, and wilful damage to property. Forms-legal.com recommends a mutual termination clause that allows the intern to exit the placement without penalty if the host organisation fails to provide the agreed learning experience.

**Governing Law.** The agreement is governed by the laws of Kenya, and any disputes should be referred first to the Labour Relations Court established under the Labour Relations Act No. 14 of 2007, which has jurisdiction over matters touching on employment and work-related relationships including internship disputes. Under Kenya law, Section 15 of the Employment Act 2007 (No. 11 of 2007) and Section 2 of the Law of Contract Act (Cap 23) govern the core requirements for this type of document.