Kenya

Region: Eastern Africa Regional Economic Communities (REC): COMESA · EAC · IGAD

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(To be linked)

• COMESA
• EAC
• IGAD

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Kenya has a mixed legal system, combining:

• Common law
• Statutory law
• Customary law

Kenya has been a member of the International Labour Organization (ILO) since 1965.

Kenya participates in the Decent Work Country Programme (DWCP).

Kenya’s labour framework is grounded in:

• The Constitution of Kenya (2010)
• The Employment Act (2007)
• The Labour Relations Act (2007)
• The Occupational Safety and Health Act (2007)

Key protections include:

• Freedom of association
• Fair labour practices
• Protection against unfair dismissal
• Occupational health and safety

Social protection mechanisms include:

• National Social Security Fund (NSSF)
• National Hospital Insurance Fund (NHIF)

Challenges remain in extending protection to informal workers.

Kenya has taken steps toward formalisation and regulation of informal work, including:

• Social security extension mechanisms
• SME and informal sector policies
• Labour law applicability to various categories of workers

However, coverage gaps remain.

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National Transport and Safety Authority (NTSA) Regulations (2022) (under Section 54 of the NTSA Act No. 33 of 2012)

Key provisions:

• Licensing requirements for transport network platforms (e.g. Uber, Bolt)
• Commission caps at 18% per trip
• Kenyan law governs disputes

Platform obligations include:

• Driver safety measures (e.g. panic buttons)
• Clear service activation and deactivation procedures
• Data sharing requirements with authorities

Agreements must:

• Clearly define roles and responsibilities of all parties

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• IIAG – Kenya: https://iiag.online/locations/ke.html
• NTSA Act No. 33 of 2012 and 2022 Regulations
• Institutions and Stakeholder Database – Kenya (to be linked)
• ILO Country Profile – Kenya (to be linked)