Outrage over proposed law to gag tech workers

Senator Aaron Cheruiyot says the Bill would not undermine workers’ rights, as Kenyan labour laws would still apply in employment disputes. [File, Standard]

The Kenya Union of Gig Workers (KUGWO) has strongly opposed a proposed Bill by Senator Aaron Cheruiyot that seeks to prevent workers from suing tech companies.

The Bill, part of the Business Laws Amendment Bill, is intended to make Kenya more attractive to global investors, particularly in the Business Process Outsourcing (BPO) sector.

Cheruiyot, in defense of the Bill, argues that such measures are necessary for Kenya to compete globally.

“This is a two part Bill made up of various business laws from different industry players collated by Ministry of Trade and Industry under the ease of doing business and global competitiveness program,” said Cheruiyot.

In his X platform, the second-term Senator defended his controversial Bill.

“This particular clause is the proposal from the Ministry for the players in the BPO space. A growing sector that currently employs thousands with the potential to explode and employ millions,” he added.

He emphasised that the Bill would not undermine workers’ rights, as Kenyan labour laws would still apply in employment disputes.

However, the Acting General Secretary of KUGWO, Ellam Brian, has criticised the Bill, arguing that it would violate workers’ rights and potentially lead to exploitation, likening it to a form of modern slavery.

“The principle of fair administrative action as enshrined in the Constitution ensures that aggrieved parties have access to redress and protection. Any attempt to undermine this will be met with full force of law,” he said.

The Bill comes two months after the Court of Appeal ruled that Facebook’s parent company, Meta, can be sued in Kenya in a case filed by over 180 content moderators.