Abuse and dignity: A tale of two worlds for domestic workers

When Sophia Amimo left the country in search of greener pastures abroad in 2012, she was optimistic. She looked forward to a life changing opportunity.

She landed in Bahrain and got a well-paying job as a domestic worker. It was a dream come true for her. She was certain she would now support her young family, her siblings and parents back home.

True to her expectations, things were rosy. However, all that soon changed, much to her disappointment. In an interview with Nation.Africa, Sophia recalls losing Sh500,000 after her employer refused to pay her for several months. She also sustained injuries on the job, which included taking care of pets like dogs and cats.

Her quest to provide a good life for her children and kin would see her seek greener pastures in Qatar, Saudi Arabia, Oman and United Arabs Emirates. In these countries, she worked in several homes.

And even though the jobs were well-paying, Sophia decided to travel back home because of salary delays and non-payments, and being overworked and mistreated.

“Migrant workers are mistreated in these countries, overworked, and sometimes not even paid for work done,” says Sophia, the founder of the Domestic Workers Returnees of Kenya, an organisation helping returnees to rebuild their lives.

For Joyce Mwikali, things were no different. After finishing her secondary education, she travelled to Nairobi in search of work. She landed one as a house help in Nairobi West in 2004, much to her joy. Her starting salary was Sh1,500. Despite the meagre pay, she was so enthusiastic and looked forward to making some savings every month.

Overworked and hungry

However, the reality would soon dawn on her that life as a domestic worker was not a bed of roses. She tells Nation.Africa she was overworked and denied food.

“In the days that I was lucky to get some food, I was not supposed to eat what they were eating. Mine was different. I would wake up at 5am and go to bed at midnight. I never had an off-day.”

She ended up working in three households, all in the same locality.

“In the three households, the men of the house attempted to forcibly sleep with me, but I managed to escape. The women of the house, however, accused me of inviting it upon myself by seducing their husbands,” she says.

Many domestic workers hired locally or abroad, most of whom are women, complain about poor working conditions, long working hours, lack of access to social security, poor pay, sexual harassment, and poor occupational, safety and health conditions.

Domestic workers in Kenya could, however, have a reason to smile if President William Ruto’s recent promise is anything to go by.

On Labour Day, Dr Ruto said Kenya will ratify both the International Labour Organisation (ILO) Convention Number 189 on Decent Work for Domestic Workers and Number 190 on the Elimination of Violence and Harassment at the Workplace.

“I direct the Attorney General to liaise with concerned state departments and ensure we conclude the process quickly and in full compliance with the Labour Institutions Act and the Treaty Making and Ratification Act.”

He expressed his commitment to the ratification of both conventions within three months.

Also read: Make decent work a reality for domestic workers

Convention 189 offers specific protection to domestic workers, lays down basic rights and principles, and requires states to take a series of measures with a view to making decent work a reality for domestic workers.

Convention 190 recognises the right to a world of work free from violence and harassment, including gender-based violence.

The world marks International Domestic Workers Day today. During last year’s celebrations, domestic workers called on the state to ratify the two ILO conventions during celebrations to mark International Domestic Workers Day.

In Kenya, workers’ rights are governed by the Constitution, the Employment Act, the Labour Relations Act, the Regulation of Wages (General)(Amendment) Order Act, and the Regulation of Wages (Agricultural Industry) (Amendment) Order Act.

According to the Constitution, an employee is entitled to fair remuneration, reasonable working conditions and to form, join or participate in the activities and programs of a trade union.

An employer is required to provide healthcare coverage, reasonable housing (or reasonable allowance for the same) and water for a domestic worker.

Domestic workers are also entitled to one day of rest every week, a paid annual leave of 21 days, sick leave of not less than seven days on full pay, and another seven days on half pay and maternity leave of three months with benefits.

All the same, not all domestic workers have a negative story, as Dinah Nyawande’s case shows. She has worked for 21 years, the last nine for a family in Kitisuru, Nairobi. She describes her current employer as godsend.

“The family treats me like one of their own. They respect and love me. When they go for holiday locally or abroad, they carry me along. Through them, I have travelled the world. I have been to the United Kingdom, France, Mauritius and Spain,” Dinah says.

The employer caters for her National Health Insurance Fund cover. “In addition, they always foot my hospital bill whenever I fall sick. They actually take me to their doctor. I just feel loved and honoured,” she says, urging other employers to treat their workers with dignity to get desired services in return.

Rights protection

Edith Murogo, the founder and executive director of the Centre for Domestic Training and Development, welcomes the President’s commitment to the two ILO conventions.

She says ratification will see Kenya have a legal mechanism that protects domestic workers’ rights.

“It obligates employers to respect domestic workers and their rights. It will also translate into decent wages and good terms of employment. The commitment made me feel honoured and rewarded for the time we have invested in fighting for the welfare of domestic workers,” she tells Nation.Africa.

Ms Murogo adds that it will ensure systems and policies are in place. She, however, underscores the need to rein in recruitment agencies that give Kenyans a raw deal. “We have a few rogue recruitment agencies. They do not offer training to domestic workers and neglect them once they move abroad.”

Grace Mbanya from ILO says ratification will make decent domestic work a reality. She notes that domestic workers provide essential services to millions of households in Kenya and are vital to the economy but are vulnerable to abuse and exploitation, hence the need for protection.

“The ratification of this important convention will, therefore, ensure domestic workers, who are increasingly at risk of exploitation, are protected through effective policies and interventions,” she says.

She adds that it will lead to adoption of laws and policies that pertain to working hours, wages, social security, maternity leave, and cash benefits to ensure the same treatment as workers in the formal economy.

Ruth Khakame, the chairperson of the National Domestic Workers Council at the Kenya Union of Domestic, Hotels, Educational Institutions, Hospitals and Allied Workers, too, lauds the plan to ratify the conventions.

"Ratifying these two conventions will mean we have recognised homes to be workplaces for domestic workers. It will mean they have indeed been recognised as workers,” she says.

In April, Kenya and Gulf states agreed to end domestic workers’ agony. Labour and Social Protection Cabinet Secretary Florence Bore said her ministry struck deals with Saudi Arabia, Qatar, United Arab Emirates and Oman to ensure Kenyan workers are safe and earn dignified pay.

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