An employer has a duty to draw a contract of service.

Section 9(2) of the Employment Act provides that the Employer shall be responsible for drawing up a contract of service stating therein the particulars of employment and to make sure that the contract is consented to by the employee. In Fedelix Mwendwa Muli v Bamburi Cement Limited [2018] eKLR The Respondent had fulfilled the requirement of Section 9[2] of the Employment Act, through its offer of employment. All the particulars required to be given under the law, were given. The claimant even consented to this by signing an Acceptance letter. An Employer-Employee relationship was created once the Employee and his Witness, signed the Acceptance Form. http://kenyalaw.org/caselaw/cases/view/148880/