An employee has the right to give his consent to the terms of the contract of service.

Section 9(3) of the Employment Act provides that an employee’s consent to a contract of service shall only be signified by the employee signing his name. Fedelix Mwendwa Muli v Bamburi Cement Limited [2018] eKLR
The court held that the Respondent 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 fulfilled his obligation under Section 9[3] by signing acceptance. Acceptance was witnessed by a Mr. Matano, System Engineer. An Employer-Employee relationship was created once the Employee and his Witness, signed the Acceptance Form.

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