What Section 35 of the 2007 employment act says:

PART VI―TERMINATION AND DISMISSAL

35. (1) A contract of service not being a contract to perform specific work, without reference to time or to The Employment Act, 2007 undertake a journey shall, if made to be performed in Kenya,
be deemed to be―
(a) where the contract is to pay wages daily, a contract terminable by either party at the close of any day without notice;
(b) where the contract is to pay wages periodically at intervals of less than one month, a contract
terminable by either party at the end of the period next following the giving of notice in writing; or
(c) where the contract is to pay wages or salary periodically at intervals of or exceeding one month, a contract terminable by either party at the end of the period of twenty-eight days next following the giving of notice in writing.
(2) Subsection (1) shall not apply in the case of a contract of service whose terms provide for the giving of a period of notice of termination in writing greater than the period required by the provision of this subsection which would otherwise be applicable thereto.
(3) If an employee who receives notice of termination is not able to understand the notice, the employer shall ensure that the notice is explained orally to the employee in a language the employee understands.
(4) Nothing in this section affects the right-
(a) of an employee whose services have been terminated to dispute the lawfulness or fairness of the termination in accordance with the provisions of section 46; or
(b) of an employer or an employee to terminate a contract of employment without notice for any cause recognised by law.
(5) An employee whose contract of service has been terminated under subsection (1) (c) shall be entitled to service pay for every year worked, the terms of which shall be fixed.
(6) This section shall not apply where an employee is a member of-
(a) a registered pension or provident fund scheme under the Retirement Benefits Act;
(b) a gratuity or service pay scheme established under a collective agreement;
(c) any other scheme established and operated by an employer whose terms are more favourable than those of the service pay scheme established under this section; and
(d) the National Social Security Fund.

employment act 2007 is very anti-employee.I prefer the earlier act which was repealed.
its true that if your employer contributes to nssf you are not entitled to service unless:

1.your contract provide for it
2.you are a member of a trade union which has a cba which provides for service /gratuity with your employer.
.

but you can claim for gratuity for service upto 2007 when the new act became effective if you were with the same employer.

the old act expressedly provided for 15days gratuity for every year worked.

Atwoli slept on the job.hope the next government/Parliament will look into this

From what point does this apply?

1) 2007 - After the act was enacted?

2) From the time one joined NSSF?

3) Blanket?

Further, you need to check the provisions of the human resource manual (HR policies and procedures)of the company

@ maka this is what I mean when I say employment act 2007 is a worthless waste of government printer stationery. of course most wazuans are above the minimum wage conditions. I guess.
unless nssf odongo had a contract expressly specifying what is due to him upon termination,he will be paid one month notice and days earned in July ie 22 days.that's what the worthiless employment act says.
that's why I always remind wazuan instead of the bickering Mara cord this ..jubilee that... pass this message to your MP :the employment act needs to be ammended to correct these flaws.
tomorrow it could be you.