How New ILO Conventions Could Transform Life for Kenya’s Informal Workers

Kenyan workers at a textile factory

Government launches nationwide consultations on two groundbreaking ILO conventions that could transform protections for Kenya’s most vulnerable workers in the informal economy

The Kenyan government has accelerated nationwide consultations on ratifying two pivotal International Labour Organization (ILO) conventions designed to guarantee decent work for domestic workers and eliminate violence and harassment across all workplaces.

Labour Principal Secretary Shadrack Mwadime reveals that ratifying these landmark conventions would mark a transformative moment in Kenya’s labour governance, particularly for the millions of workers operating in the informal economy who currently lack basic protections.

Nationwide Dialogue Brings Stakeholders to the Table

Addressing a packed public consultative forum in Kisumu on the proposed instruments, PS Mwadime explained that the government launched the nationwide engagement earlier last week in Kakamega County, bringing together a diverse coalition of workers, employers, trade unions, civil society organizations, community representatives and government agencies.

The forums examine the scope, obligations and practical implications of implementing these conventions in Kenya’s unique economic landscape.

Mwadime emphasized that the consultations ensure government decisions reflect sector-specific realities and address the day-to-day challenges that both workers and employers face on the ground.

“Public participation is enabling the government to identify policy, legal and institutional gaps that must be addressed to ensure effective domestication and enforcement of these conventions once ratified,” the PS said.

The Labour PS observed that domestic workers remain among the most vulnerable groups of workers both globally and in Kenya, despite the critical role they play in sustaining households and powering the wider economy.

He pointed out that domestic work in Kenya operates predominantly within the informal sector, where workers endure low pay, lack written contracts, have limited access to social protection and receive minimal labour inspection oversight – factors that leave many workers dangerously exposed to exploitation.

What Ratification Would Change for Domestic Workers

Mwadime outlined how ratifying the convention would fundamentally reshape the legal status and protections available to domestic workers across Kenya.

The government would need to recognize domestic work as legitimate employment, extend fundamental labour rights to domestic workers and ensure authorities treat them equally with workers in formal sectors.

These transformative rights include freedom of association, the right to collective bargaining, minimum wage protection, regulated working hours, mandatory rest periods, occupational safety and health protections, and access to social security regardless of whether workers operate on a live-in, live-out, full-time or part-time basis.

The PS highlighted that violence and harassment continue to plague workplaces across Kenya, cutting across sectors, occupations and employment arrangements with devastating frequency.

He cited compelling studies showing that more than half of women and approximately 30 percent of men have experienced some form of workplace harassment, with informal workers, women and migrant workers facing disproportionately heightened risks.

Mwadime noted that the violence and harassment convention moves beyond simple criminalisation by requiring states to implement a comprehensive approach encompassing prevention, protection and remedies.

The convention would obligate employers to implement preventive measures, establish accessible reporting and complaints mechanisms, protect victims and witnesses from retaliation, and ensure effective investigations, sanctions and remedies follow through.

The government pledges to strengthen labour inspection and enforcement systems to meet the convention’s rigorous requirements, closing gaps that have historically allowed violations to go unchecked.

Building Consensus for Implementable Reforms

Mwadime urged stakeholders to submit practical and candid views on both conventions, stressing that the government prioritizes building consensus and ensuring the reforms prove implementable rather than remaining aspirational.

Labour Commissioner Hellen Apiyo, speaking at the same forum, characterized the two ILO instruments as among the most progressive global labour standards currently available to nations seeking to protect workers’ rights and dignity.

She noted that public participation fulfills both a constitutional requirement and serves as a cornerstone of sustainable labour reforms that can withstand political and economic pressures over time.

From Consultation to Cabinet: The Road Ahead

Apiyo explained that feedback from the consultations will directly inform legislative reviews, policy reforms and institutional strengthening measures needed to align Kenya’s national laws with international labour standards.

She revealed that the government will consolidate submissions from the Kisumu and Kakamega forums alongside inputs from consultations in other regions, then present the comprehensive findings to the Cabinet to guide the next steps.

These steps include the legislative and policy processes required before Kenya can officially ratify the conventions and begin implementation – a process that could reshape workplace protections for millions of Kenyan workers currently operating without basic safeguards.

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