The Central Organisation of Trade Unions (COTU-K) has raised the alarm over the Business Laws (Amendment) Bill, 2024, warning that the proposed law could roll back key constitutional protections for Kenyan workers particularly those in the fast-growing digital and technology sectors.
In a strongly worded statement issued on Monday, COTU Secretary General Dr. Francis Atwoli said the Bill, currently before the Senate as Senate Bill No. 51 of 2024, risks tipping the scales in favour of powerful multinational technology companies at the expense of local business process outsourcing (BPO) firms and their employees. He cautioned that, in its present form, the Bill undermines rights enshrined in Articles 10, 27, 41, 47, 48, and 118 of the Constitution.
“This Bill entrenches discrimination and weakens the protection of workers’ rights,” Atwoli declared, insisting that no legislation can dilute Article 41 of the Constitution, which guarantees workers the right to unionise and participate in trade unions.
Concerns from COTU mirror growing unease among tech workers themselves, many of whom fear the proposed law unfairly singles them out for stricter liability while insulating global tech giants from accountability. Critics say this imbalance not only deepens inequality in the labour market but also threatens Kenya’s broader commitment to fair labour practices.
COTU has called on the Senate to recall the Bill for fresh scrutiny, demanding amendments that align it with both the Constitution and international labour standards. Lawmakers, the union insists, must remove provisions that shield multinationals from oversight and instead craft protections that ensure platform and technology workers enjoy the same rights and safeguards as others in the workforce.
“Kenya cannot allow legislation that erodes the rights of its workers while bowing to corporate interests,” Atwoli said, urging Parliament to stand firmly with workers rather than weaken their constitutional guarantees.
