How a new bill could deny gig workers employee protections
Business
By
Ronald Kipruto
| Jul 08, 2026
Africa Tech Workers Movement (ATWM) chairperson Wycliffe Alutalala and Kenya Union of Gig Workers (KUGWO) National Chairperson Frida Mwangi. [Screengrab]
Kenyan gig workers have called on the government to amend three clauses in the Business Laws (Amendment) Bill, 2024, saying they favour foreign investors over local worker protections.
The bill, now before the National Assembly, primarily targets the banking, microfinance and industrial regulation sectors.
But labour leaders say clauses 10, 11 and 12 also touch on digital and platform work, and as drafted, shield multinational technology firms from accountability.
Speaking during an interview on Spice FM on Wednesday, July 8, Kenya Union of Gig Workers (KUGWO) National Chairperson Frida Mwangi and Africa Tech Workers Movement (ATWM) chairperson Wycliffe Alutalala accused the government of consistently designing regulation around investor interests rather than workers.
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"What happens in our country is anytime the government tries to come up with a regulation, it is always for the investors, it has nothing to do with the workers, it has nothing to do with the labour component," said Alutalala.
He noted none of Kenya's five existing labour laws address platform work or align fully with the 2010 constitution.
Alutalala, who has worked for Uber for 11 years, said the company does not remit his Social Health Authority (SHA) or National Social Security Fund (NSSF) contributions, leaving him without social protection as he ages.
He called on the government to reclassify online-hired workers under Clause 10 as employees rather than independent contractors.
Mwangi said the bill overlooks workers attached to outsourcing firms despite its broader merits.
"As much as it is a good bill, it is not thinking about the workers who are part of the outsourcing firms. These things are not clear, and if they are not sorted out, they will create a lot of loopholes," noted Mwangi.
The two leaders said the legislation, as currently drafted, would leave young workers entering the digital job market without recourse against exploitative practices.
Their comments follow a High Court ruling last month dismissing a petition by 36 digital workers seeking to halt the bill's passage through Parliament.
The petitioners had argued the Senate passed the bill without adequate public participation.
Justice Bahati Mwamuye dismissed the case as premature, ruling that a bill still before the National Assembly does not amount to law capable of being legally challenged.
"In light of the doctrines of jurisdiction, ripeness, separation of powers and constitutional avoidance, this court finds that the present petition is premature, speculative and legally unsustainable," ruled Mwamuye.
The bill remains at Second Reading in the National Assembly, with debate resuming when the House reconvenes on July 28, after its current recess.
It must still pass through the National Assembly and receive presidential assent before taking legal effect.