Workers in Kenya's digital economy have spoken out against proposed changes to the law that would shield tech companies from lawsuits in Kenya.
According to the workers, the current proposal is in bad faith and only aims to protect foreign companies at the expense of Kenyan workers, who are usually mistreated.
The tech workers -- including content moderators, data labellers, annotators, ride-hailing workers, delivery workers, remote workers, content creators and online freelancers -- condemned the move, saying that while they remain the backbone of the digital economy, they are consistently exploited and overlooked.
“From training algorithms and ensuring platform safety to making daily life easier for millions of Kenyans, our work powers the profits of tech companies, which amount to billions annually. Yet, we remain an exploited and overlooked workforce, enduring harmful working conditions that impact our physical and mental health,” the workers, under the umbrella Kenya's Tech Workers United, said in a statement.
“We recognise the need to amend outdated laws to reflect the realities of modern work…We urge the Senate to engage with us as key stakeholders to understand how the industry operates and collaborate on fairer solutions that uphold workers’ rights.”
According to the tech workers, despite their “vital” contributions, they are subjected to constant surveillance, with tech companies controlling every aspect of our work lives, “including meal and bathroom breaks, all in the name of profit maximisation.”
The companies, they said, dictate terms that prioritise their bottom line at the expense of the workers' dignity and well-being.
“It is disappointing that the proposed amendments protect these tech companies instead of strengthening the rights and protections of workers.”
The workers called on the government to ensure that tech companies seeking to profit in Kenya do so while respecting workers' rights and upholding the constitution.
“We acknowledge and support the government’s push for digital job creation. However, this responsibility does not end with job provision,” the consortium said, adding that “no company or individual is above the law, no matter how powerful.”
For recruitment, tech companies work with business process outsourcing (BPO) companies. Once hired, however, workers come under the direct control of tech companies, often leading to challenging and precarious working conditions.
These companies assign tasks, enforce strict monitoring and impose penalties through algorithms for minor actions, such as walking away from a workstation to address mental fatigue, according to workers who also want the hiring companies to be held accountable for their facilitating role.
“While BPOs have also become centres for human rights abuses, they play only a facilitative role. To effectively protect workers, the law must hold both tech companies and BPOs accountable for upholding labour rights,” they added.
The proposed law is a two-part Bill made up of various business laws from different industry players, which the Ministry of Trade and Industry has brought together under the Ease of Doing Business and Global Competitiveness programme, the Senate Majority Leader Aaron Cheruiyot explained on his verified X account.
“These are laws which the industry is asking us to review to make us more attractive for investment,” he said.
But the workers disagreed with his point of view, arguing that their plight must come first.
“Senator Cheruiyot has publicly stated that these amendments are driven by tech companies. We remind the Senator that he was elected to represent the people of Kenya and defend the Constitution. Workers must come first—always,” the workers said.
