Kenya has a very structured labor framework.

The labor framework is heavily influenced by ILO standards and guidelines.

The Purpose of the Framework
Labor legislation purposes to:

1. Create a legal system that facilitates productive individual and collective employment relationship
2. Serve as a vehicle for achieving harmonious industrial relations based on workplace democracy
3. Give a clear and constant reminder and guarantee of fundamental principles and rights to work.

• The labor framework is built on the bedrock of social duty of an employer
• It recognizes that workers are in a week bargaining position and hence need to be protected.

Sources of Labor Laws
Labor laws are derived from:

1. The constitution
2. Acts of Parliament
3. Subsidiary legislation
4. International conventions
5. Judicial precedents
6. Common law.
7. Constitutional Foundations
   The framework has its foundation in the Constitution of Kenya, 2010

These articles speak to labor relationship:

Article 41:
Guarantees labor rights including;

• fair pay,
• reasonable working conditions,
• right to join unions,
• the right to strike.

Article 27:
Promotes equality and non-discrimination in employment.

2. Core Labor Laws
   Five key labor laws were enacted in 2007
   The purpose was to align labor legislation with ILO principles:
   These legislation are:

• The employment Act, 2007
• The labor relations Act, 2007
• The occupational safety and healthy Act, 2007
• The work injury Benefits Act, 2007
• The labor institutions Act

2. Institutions Involved in Labor Administration

• Ministry of Labor and Social Protection- The main government body that deals with labor issues.
• National Labor Board- the body that advises the government on labor policies.
• Employment and Labor Relations Court- a specialized court that deals with labor disputes.
• Directorate of Occupational Safety and Health Services (DOSHS)- body that oversees workplace safety.
• National Industrial Training Authority (NITA)- body mandated to manage workforce skills development.

2. Enforcement Mechanisms
   The enforcement of labor laws is under:

• Labor inspection services is provided for under the Labor Institutions Act.
• Employment and Labor Relations Court provides specialized dispute resolution to labor disputes.
• Penalties for non-compliance with labor laws are set in law.

2. Key Challenges in the enforcement of labor laws in Kenya
   ILO has established these as weakness in the administration of labor laws in Kenya
3. High levels of informal employment (over 80%).
4. Enforcement is sometimes weak in remote and rural areas.
5. Emerging issues like platform/gig work. For example Uber drivers are not fully covered.
6. Ongoing need for gender equality improvements and protection of marginalized groups.

Conclusion
Kenya’s labor regulatory framework is strong on paper and largely aligned with ILO standards, but like many developing countries, it faces challenges in enforcement, informality, and adapting to new work realities

Follow me at chegzmad consultancy as I delve into the five labor legislation’s.