The Kenyan government has initiated a comprehensive review of the 2007 labour laws, including the Employment Act, Labour Relations Act, and Labour Institutions Act. This move aims to update the laws to match the current needs of the country, which has undergone significant changes since the laws were enacted. The review will focus on aligning the laws with the 2010 Constitution, addressing practical gaps, and regulating new forms of work.
The 2007 labour laws have served Kenya well, but the country has changed significantly since then. The 2010 Constitution introduced a transformative Bill of Rights, which expanded protections for fair labour practices, fair remuneration, and reasonable working conditions. The courts have also issued landmark decisions defining these rights in practice. However, the current laws do not explicitly reflect this jurisprudence, leading to confusion and disputes.
One of the key drivers of the review is the need to regulate new forms of work, such as platform work, remote work, and fixed-term contracting. These new forms of work have grown significantly, but the current laws are largely silent on them. The review will consider proportionate rights for workers in these new forms of work, such as occupational safety, dispute resolution mechanisms, and contributions to social security.
The review is expected to benefit workers by strengthening protections against unfair dismissal, clarifying procedures for termination and redundancy, and reinforcing safeguards against discrimination and harassment. The new laws will also modernize dispute resolution mechanisms, making them faster, more accessible, and trusted by both workers and employers.
The review will also benefit employers and the economy by creating a more conducive environment for enterprise. Good labour laws are essential for attracting investment, promoting predictability, and ensuring compliance with international labour standards. The review will clarify employer obligations, streamline compliance requirements, and ensure that collective bargaining is constructive, not adversarial.
The review process will be consultative, evidence-based, and tripartite in nature. A technical team will undertake a clause-by-clause analysis of the three Acts, benchmarking them against the Constitution, ILO conventions ratified by Kenya, and best practices from comparable economies. The team will also hold structured consultations with relevant stakeholders, including workers, employers, and sector stakeholders.
The International Labour Organization (ILO) will provide technical and financial support to the review process, ensuring that the new laws meet international standards. The review is expected to be completed through legislative drafting, Cabinet, and parliamentary approval processes. The government has called upon all Kenyans to participate in the review process, which will affect every family in the country.
Key points
- The review of the 2007 labour laws aims to align them with the 2010 Constitution and address gaps in the current legislation.
- The review will regulate new forms of work, such as platform work and remote work.
- The review process will be consultative, evidence-based, and tripartite in nature.
