NAIROBI, Kenya – The Central Organisation of Trade Unions (Cotu-K) has urged the Senate to recall and review the Business Laws (Amendment) Bill, 2024, warning that it undermines constitutional protections for workers, particularly in the technology and digital economy sectors.
In a statement on Tuesday, Cotu Secretary General Francis Atwoli said the Bill threatens the right of workers to unionise and access justice, contrary to Article 41 of the Constitution, which guarantees freedom of association and trade union rights.
Atwoli argued that the proposed law entrenches discrimination by shielding powerful multinational technology companies from accountability while imposing undue liability on local Business Process Outsourcing (BPO) firms and workers.
“Cotu (K) urges the Senate to take immediate corrective action and return the Bill for proper deliberation that safeguards the interests of all Kenyans, especially the young workers powering the country’s technology and innovation sectors,” he said.
The umbrella union said the Bill contravenes Articles 10, 27, 41, 47, 48, and 118 of the Constitution, which enshrine values of good governance, equality, fair administrative action, access to justice, and public participation.
Cotu further aligned itself with technology workers who have voiced concern that the Bill excludes and targets them, weakening protections in a rapidly expanding sector that employs thousands of young Kenyans.
“As Cotu (K), we are categorical that Article 41 of the Constitution is supreme and cannot be undermined by any legislation. Any amendments to business or labour laws must remain consistent with this Article and must not erode the constitutional protections of workers,” Atwoli added.
The union also reaffirmed Kenya’s commitment to international labour standards under the International Labour Organization (ILO), including the rights of platform and technology workers.
Cotu has now called for amendments to the contested provisions, insisting that workers’ rights and accountability of multinational corporations must be upheld in line with both domestic and international labour standards.
