By Reporter
Kenya is lagging behind other African countries in ratifying ILO Convention 189 on decent work for domestic workers, adopted in 2011, and Convention 190 on Violence and Harassment.
“Kenya must stop marketing itself as a destination for cheap labour, which leads to exploitation in EPZs and Special Economic Zones. Ratification will give the Labour Directorate the necessary legal framework to inspect and enforce fair working conditions,” Labour Permanent Secretary Mr Shadrack Mwadime said.
Mwadime explained that protecting domestic workers locally sets the benchmark for protecting Kenyan workers abroad under bilateral labour agreements. He noted that over 2 million Kenyans work in the domestic sector, often without written contracts, social security or protection, with many households failing to pay the gazetted minimum wage of KSh 18,000.
The National Assembly Departmental Committee on Labour backed the State Department for Labour and Skills Development’s push to ratify International Labour Organization (ILO) Conventions 189 and 190, aimed at protecting domestic workers, curbing workplace violence and ending the exploitation of workers in Export Processing Zones (EPZs).
The Committee, chaired by Ken Chonga, met the State Department for Labour and Skills Development, which presented four key policy areas: ratification of ILO Conventions 189 and 190, the National Policy on Elimination of Child Labour, the Nyota Fundi Locator Project and Labour Migration Management.
Commissioner for Labour Ms Hellen Apiyo said the conventions would address fundamental gaps, including freedom of association, written contracts, elimination of forced labour, social security through NSSF and SHA, and access to justice for migrant workers.
Chonga questioned why workers in EPZs earn as little as KSh 8,000 per month, work 12-hour shifts and receive overtime pay of KSh 80 to 100 per hour, despite Mtwapa having municipal status that attracts higher minimum wage rates.
“What are our Labour Officers doing? The Ministry cannot claim ignorance of conditions that are widespread across EPZs nationwide,” Chonga asked.
Hon. Kagesi challenged the credibility of labour inspections, noting that officers had visited the Kilifi EPZs a week before the Committee meeting and filed reports, yet shocking conditions persisted, including employers claiming ignorance of gazetted minimum wage rates, despite officers saying they had inspected the site.
The PS admitted that it was absurd that Kenya was being advertised as a cheap-labour destination, attracting investors who disregard workers’ rights.
The PS also disclosed that the State Department was one of the most decentralised but was facing an ageing workforce crisis, with many senior labour officers set to retire next year after a 20-year recruitment gap.
Principal Economist at the National Treasury, Mr Dennis Olila, said ratification would cost KSh 104.9 million over three years, covering public participation, legal drafting and operationalising the Domestic Wages Council and Migrant Workers Welfare Fund. This is against projected inflows of about KSh 3 billion in development partner support, which are expected to create value.
The Committee also received updates on labour migration, with bilateral agreements nearing signing with Canada (New Brunswick), Jordan, Oman, Saudi Arabia, Ireland and South Korea, as the Ministry moves to curb rogue recruitment agencies behind recent distress cases in Russia and the UAE.
The Committee assured the Ministry of its support for the Overseas Employment Bill and the recruitment of more labour officers to strengthen enforcement.
