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

Kenya’s integration into regional and global digital markets makes the harmonization of labour standards a strategic priority. Digital work frequently crosses borders, yet protections and obligations vary between economies. This regulatory mismatch hinders business, creates scope for a race to the bottom in working conditions and undermines efforts to formalize the sector. Trade agreements and regional forums present opportunities for coordination. Stakeholders proposed that Kenya use its participation in the EAC and AfCFTA to promote the development of minimum digital labour standards. Key proposals included: –Common digital labour standards at the EAC: Article 104 of the EAC Treaty calls on member states to “harmonise their labour policies, programmes and legislation including those on occupational health and safety”.68 The EAC could provide a venue for developing common digital labour standards, including on pay, dispute resolution, algorithmic fairness and OSH. –An annex on labour rights under the AfCFTA Digital Trade Protocol, addressing digital, gig and BPO labour explicitly: Digital trade chapters in FTAs often include obligations on consumer protection and privacy; these “restrictions” on digital trade are justified on the basis that they support the growth of the digital economy by improving trust and safety. A similar rationale could support the inclusion of provisions on digital labour protection. In the case of the AfCFTA’s Digital Trade Protocol, while labour standards are not included, there is scope to negotiate additional annexes in the future. –Other supporting measures discussed included improving labour data collection and setting expectations on decent work in investor dialogues and procurement rules. Business representatives acknowledged that foreign clients increasingly require demonstrable due diligence across labour rights and working conditions, especially in data services, content moderation and e-commerce. Implementing these proposals would require coordinated action through regional mechanisms, such as the EAC’s Sectoral Council on Labour and AfCFTA’s technical committees. In parallel, engaging digital platforms and tech firms in dialogue about shared responsibilities and best practices will be important for shaping workable and inclusive labour standards. Participants stressed that regional harmonization must not be an excuse for delay at home. Kenya’s domestic laws and enforcement mechanisms must lead the way, both to protect its own workforce and to shape regional norms.4.3 Harmonizing labour standards through trade and regional frameworks Trade and Labour: Pathways for Decent Work in Kenya’s Digital Economy 22