A fresh storm is brewing in Kenya’s legislative arena as Senate Majority Leader Aaron Cheruiyot introduces a controversial bill that could potentially block workers from suing tech companies operating in the country. This move comes barely two months after the Court of Appeal ruled that global tech giant Meta could be sued in Kenya for alleged human rights violations by Facebook content moderators.
The Business Laws (Amendment) Bill, 2024, seeks to amend several laws, including the Employment Act and the Occupational Safety and Health Act, with provisions that critics say are tailored to protect business process outsourcing (BPO) companies and information technology-enabled service providers. One key section of the proposed amendments imposes obligations on employers to provide necessary tools and resources for employees, even when working remotely, but shifts the responsibility for legal claims related to employee services.
Key Provisions of the Bill
- Employer Protections: The amendment proposes that employers in the BPO and IT-enabled services sector cannot use the argument that they are not the ultimate beneficiaries of an employee’s work to avoid liability.
- Definition Updates: The bill introduces new definitions for “employee,” “employer,” and “workplace,” expanding their scope to include remote work and tech-enabled services.
- Shielding Tech Firms: Legal experts and labor rights activists fear that the amendments could limit workers’ ability to sue large corporations for workplace violations, including harassment and poor working conditions.
The Meta Lawsuit Context
The timing of the proposed amendments has raised eyebrows, especially as Meta is embroiled in legal battles with Kenyan content moderators who allege unsafe working conditions, insufficient mental health support, and violation of labor rights. The Court of Appeal’s decision in September to allow the lawsuit to proceed was hailed as a landmark ruling for digital labor rights in Africa.
However, Cheruiyot’s bill could reverse gains made in holding tech giants accountable. Labor advocates argue that the legislation prioritizes the interests of multinational corporations over Kenyan workers.
Public and Legal Reactions
The bill has sparked widespread criticism on social media and among labor unions. Many argue that it undermines worker protections and seeks to insulate tech companies from accountability.
“At a time when we should be advancing labor rights, this bill threatens to take us backward,” said a representative from the Kenyan Union of Content Moderators. “It sends a clear message that corporate interests outweigh human rights.”
Prominent Kenyan human rights lawyer Mercy Mutemi, who has represented the Facebook content moderators in their lawsuit against Sama and Meta, has termed the proposed amendments a direct attack on justice for digital workers.
Implications for Kenya’s Tech Sector
Kenya has positioned itself as a hub for tech and innovation, attracting major global players like Google, Amazon, and Meta. While the Business Laws (Amendment) Bill, 2024, is being touted as a pro-business initiative, critics argue that it risks tarnishing Kenya’s reputation as a country that upholds labor rights.
As the bill undergoes debate in the Senate, labor unions, activists, and workers are gearing up for a fight to ensure their voices are heard. The outcome could set a precedent for how African nations handle the balance between promoting foreign investment and safeguarding workers’ rights in the digital economy.
What’s Next? The Senate is expected to deliberate on the bill in the coming weeks, with public participation anticipated to play a crucial role in shaping its final form. All eyes are on Kenya’s legislators as they navigate the fine line between fostering a business-friendly environment and protecting the fundamental rights of workers.

