Trade and Labour Pathways for Decent Work in Kenya's Digital Economy 2025

Key labour laws in Kenya (2007) FIGURE 3 Labour, copyright and data protection laws To modernize labour standards, five core laws were enacted in Kenya in 2007: the Employment Act, Labour Institutions Act, Labour Relations Act, Occupational Safety and Health Act (OSHA) and the Work Injury Benefits Act (WIBA) (Figure 3). These statutes laid the foundation for a unified approach to formal employment regulation in Kenya. However, these reforms were largely designed for traditional, formal employment relationships. They do not address the growing prevalence of platform-mediated and gig work arrangements, which typically fall outside the employer–employee category. Most digital workers in Kenya are considered independent contractors under contracts for service and are therefore excluded from entitlements for employees (under contracts of service), such as minimum wage, leave, social protection and the right to collective bargaining.30 In recent years, some stakeholders have proposed amending the Employment Act and OSHA to expand the definitions of “employee”, “employer” and “workplace”, to explicitly include digital labour contexts, for instance.31 Such changes would allow for employee protections – such as minimum wage guarantees, safety standards and parental leave – to be extended to gig workers, even in the absence of formal employment contracts. However, reforms have not been passed, due to the government’s decision to first undertake a comprehensive review of all five 2007 labour laws before advancing sector- specific changes. Beyond labour laws, other regulatory instruments touch on aspects of the digital economy. The Copyright Act (2001) provides protections particularly relevant for freelancers and gig workers who create copyrightable works. The Data Protection Act (2019) introduces safeguards around personal data, including protections against algorithmic profiling – an important but under-enforced provision in the gig work context. However, Kenya is not yet a signatory to the African Union Convention on Cyber Security and Personal Data Protection, which seeks to harmonize data protections for digital workers across borders (Chapter II on Personal Data Protection).32 A detailed breakdown of which government agencies are responsible for Kenya’s digital economy programmes can be found in the National Digital Masterplan (2022–2032).33Work Injury Benefits Act (WIBA) Provides compensation to employees for injuries and illnesses sustained at work.Occupational Safety and Health Act (OSHA) Focuses on securing the safety, health and welfare of employees in the workplace, as well as any other persons who may be present or affected by workplace activities. Employment Act Governs employment relationships in Kenya, covering a wide range of issues, including employment contracts, termination of employment and employee rights.Labour Institutions Act Establishes the framework for labour institutions, such as the Labour Disputes Tribunal, which addresses labour disputes.Labour Relations Act Governs the relationship between employers and employees, including matters related to collective bargaining and trade unions. Source: Authors Trade and Labour: Pathways for Decent Work in Kenya’s Digital Economy 10