Nearly two decades ago, Kenya took a bold step. In 2007, Parliament enacted five labour laws that for the first time gave our country a modern, consolidated framework for work. Those laws - the Employment Act, Labour Relations Act, Labour Institutions Act, Occupational Safety and Health Act and Work Injury Benefits Act - have served us well.
But Kenya is not the same country it was in 2007.
Since then we promulgated a new 2010 Constitution with a transformative Bill of Rights, expanded protections for fair labour practices, fair remuneration and reasonable working conditions. Our courts have issued landmark decisions defining what those rights mean in practice. Our economy has changed. Our workforce has changed. The very nature of work has changed.
It is time to update our laws to match that new reality. That is why the State Department for Labour and Skills Development has commenced a comprehensive review of the Employment Act 2007, the Labour Relations Act 2007 and the Labour Institutions Act 2007.
This is not a cosmetic amendment. It is a full, coherent review.
Why now?
First, alignment with the constitution. The 2010 Constitution elevated labour rights to constitutional rights under Articles 41, 28 and 43. Subsequent judicial interpretation has created new jurisprudence on unfair termination, discrimination, sexual harassment, redundancy and the right to go on strike. Our statutes must now explicitly reflect that jurisprudence, so that both the worker and the employer know where they stand without having to go to court for interpretation.
Second, we have identified practical gaps after 18 years of implementation. Workers complain of delayed dispute resolution. Employers complain of procedural rigidities. Trade unions and employer agencies have both pointed to inconsistencies in collective bargaining, recognition agreements and the administration of the National Labour Board, Wages Councils and the Labour court. We have also relied too heavily on piecemeal amendments, which create confusion. A comprehensive review gives us a chance to clean up, harmonise and simplify.
Third, and most importantly, the world of work has transformed. In 2007, few Kenyans had heard of platform work. Today, thousands of young Kenyans earn a living on digital platforms – as riders, drivers, online freelancers, content creators, and Business Process Outsourcing agents. Are they employees? Are they independent contractors? What social protection do they have when they are injured?
Our current law is largely silent. Similarly, remote work, fixed-term contracting, outsourcing and triangular employment relationships have grown, but without clear regulatory guardrails. If we do not regulate, we risk either stifling innovation or leaving millions of workers unprotected.
Benefits for workers
This review is pro-worker because it seeks to secure dignity at work. It will strengthen protections against unfair dismissal, clarify procedures for termination and redundancy to reduce arbitrary job losses and reinforce safeguards against discrimination and harassment. For the young person working for an app, it will for the first time consider proportionate rights - such as occupational safety, dispute resolution mechanisms and contributions to social security - without killing the flexibility that makes platform work attractive.
It will also modernise dispute resolution. Today it can take years to resolve a simple labour dispute. That is injustice. We want a system that is faster, more accessible and trusted by both sides, including through stronger conciliation, mediation and the role of the Employment and Labour Relations Court.
For women and persons with disabilities, the review will entrench equality and reasonable accommodation at work as required by the constitution, ensuring that our labour market is inclusive.
Benefits for employers, economy
Good labour laws are good for business. Investors, both local and foreign, want predictability, clarity and compliance with international labour standards. When our laws are clear, employers can plan, hire and invest with confidence. When they are ambiguous, they invite litigation and cost.
This review therefore seeks to create a more conducive environment for enterprise. We will clarify employer obligations, streamline compliance requirements and ensure that collective bargaining is constructive, not adversarial. The Federation of Kenya Employers has been a critical partner, and their voice will remain central. A stable labour relations environment reduces strikes, reduces turnover, and increases productivity.
For our economy, a modern labour law framework is a competitiveness tool. Kenya is positioning itself as the hub for the digital economy, for BPO, for manufacturing under the Bottom-Up Economic Transformation Agenda and for services. We cannot attract that investment with a 2007 manual. We need a 2027-ready framework that supports decent job creation at scale.
How will we do it?
We will not do it alone behind closed doors in Nairobi. This process will be consultative, evidence-based and tripartite in nature.
We have convened a technical team that 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.
We will then hold structured consultations with all relevant Ministries, Departments and Agencies, the Central Organization of Trade Unions, the Federation of Kenya Employers, the National Labour Board, the Judiciary and the Employment and Labour Relations Court, county governments, and sector stakeholders including platform companies, private employment agencies, and SMEs.
After that, we will validate the proposals with the public before they go through legislative drafting and the requisite Cabinet and parliamentary approval processes.
I want to gratefully acknowledge the International Labour Organization for its technical and financial support to this process, including engaging consultants to support the review. This partnership will ensure quality and fidelity to international standards.
My call to Kenyans
Labour law affects every family. If you are employed, it determines your contract. If you are an employer, it determines how you manage your team. If you are unemployed, it determines how easy it is for a company to hire you.
I therefore call upon all Kenyans - workers through their unions, employers through FKE, young people in the digital economy, women leaders, civil society and the private sector - to turn up when we call for stakeholder engagements. Give us your proposals. Tell us what is working and what is not.
Our goal is not a law that favours workers over employers or employers over workers. Our goal is a balanced, robust, modern regime that protects the rights of workers, enables enterprises to thrive, and creates a conducive environment for expanding our economy and creating decent jobs for millions of Kenyans.
That is the promise of this review. And together, we shall deliver it.
Principal Secretary, State Department for Labour and Skills Development
