COTU demands withdrawal of Business Laws Bill, citing threat to workers’ rights

The Central Organisation of Trade Unions (COTU) has urged the Senate to withdraw the Business Laws (Amendment) Bill, saying it undermines workers’ rights enshrined in the Constitution and unfairly protects multinational technology companies at the expense of Kenyan workers.

According to COTU, the bill disregards Article 41, which safeguards the right to join trade unions, and poses serious risks to employees in the technology and digital economy by curtailing access to justice.

Secretary General Francis Atwoli said the legislation disregards fundamental freedoms provided under Articles 10, 27, 41, 47, 48 and 118 of the Constitution, and instead entrenches discrimination while eroding labour protections.

“This bill shields powerful multinational technology companies from accountability, while placing undue liability on local Business Process Outsourcing firms and workers,” Atwoli said in a statement on Tuesday.

The union expressed support for the concerns already raised by digital workers, saying the new law leaves them excluded and unfairly targeted. COTU said the contested provisions deny workers fair treatment, administrative justice, and equal protection before the law.

“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,” Atwoli stated.

He added that attempts to alter labour and business laws must never conflict with Article 41, stressing that union rights are constitutional and cannot be watered down.

“As COTU (K), we are categorical that Article 41 of the Constitution, which guarantees trade union rights and unionisation, is supreme and cannot be undermined by any legislation,” Atwoli said.

Atwoli reaffirmed Kenya’s obligation to adhere to international labour standards and International Labour Organisation conventions, particularly the recognition of digital and platform workers.

Last month, several digital worker associations under the Africa Tech Workers Movement opposed the bill and accused Senators of passing it without adequate public engagement.

The groups, represented by Joan Kinyua of the Data Labellers Association of Kenya, Wycliffe Alutalala of the Digital Taxi Workers Association, and Naftali Wambalo, a former content moderator, described the new law as “discriminatory.”

They faulted the Senate for violating the constitutional requirement of meaningful public participation and warned that the amendments would worsen working conditions for digital labourers.

COTU said the Senate must amend the contested provisions to ensure they do not insulate global corporations while denying Kenyan workers their constitutional right to unionisation and justice.

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