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...
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