Every employee has a right to at least one rest day per week. Under section 27 of the Employment Act, an employer may regulate the working hours of an employee but in so doing, he should make sure the employee has at least one rest per week. This is in addition to the leave days. Javan Were Mbango v H. Young & co. (ea) ltd[2012]eKLR.
That the claimant was employed by the respondent as a foreman until when he was terminated. He claimed that upon this termination he was not paid severance pay, 30 days payment in lieu of notice, annual leave of 21 days years worked, 11 public holidays per year for the years worked, 4 weekly resting days per month for years worked were not paid as lawfully due under the Employment Act. The court held that, even where leave days are granted or paid for, an employee has a right to rest days of at least one day per week. The contract as between the parties in change of employment status does not change this right as under the Employment Act. See: http://kenyalaw.org/caselaw/cases/view/87349
