Kenya pursues labour treaties to protect workers abroad

The government has made progress in its bid to protect Kenyan domestic and professional workers from being exploited abroad due to a lack of training and awareness of labour rights.

Labour and Social Protection Cabinet Secretary Florence Bore said Thursday that Kenya has prepared bilateral labour treaties with about 19 countries to address the issue.

She said this move was informed by the realisation that many domestic workers abroad are exploited due to a lack of training and awareness, which she said should be provided by the agencies that facilitate their recruitment.

"Four [treaties] are complete and in force. Our primary concern in signing these agreements is the well-being of Kenyan employees abroad," Bore said, adding the formal agreements cover issues such as healthcare and accommodation.

Bore noted that professional workers have been more protected than domestic ones, as they have had formal agreements, hence the need for the regular review of reforms for domestic workers to ensure their employment comes with the highest safety and employment standards.

Concern has continued to rise over the state of domestic workers in countries such as Saudi Arabia, with cases of deaths, mistreatment and deplorable conditions reported.

Bore noted that many of the victims have travelled without proper paperwork.

"Some even went there through the visitor's visa which expires after three months," she said, adding that the government has received many complaints of Kenyans being overworked, contrary to the stipulated terms of employment.

The ministry further noted that some Kenyan domestic workers have been lured to work for multiple homes yet their contracts indicated just one.

"They are overworked and are paid less," Bore said, noting that unregistered agencies are also to blame for the deplorable working conditions.

Agency licences are renewed annually to ensure adherence to the standards of operations.

As cases of the ill treatment of Kenyan domestic workers continued to cause alarm, the National Employment Authority (Amendment) Bill, 2023, that seeks to protect the rights and provide clear guidelines for deployment of the workers, was tabled in the Senate in November 2023.

The National Employment Authority is the body tasked with the registration of these agencies and ensuring they respect regulations.

This Bill seeks to amend the NEA Act to introduce provisions to protect the rights, welfare and well-being of Kenyans working overseas. The proposed law, sponsored by Nominated Senator Crystal Asige, states that no person or agency shall recruit Kenyans unless they are licensed by the agency.

According to the Ministry of Labour and Social Protection, there are at least 200,000 Kenyan migrant workers in Saudi Arabia, at least 151,000 of them being domestic workers. Between 20290 and 2021, 89 Kenyans, most of whom were domestic workers, died in Saudi Arabia.

In terms of working hours, most did 60 a week against the minimum of 48 set by the International Labour Organization (ILO).

According to NEA, there were 922 registered recruitment agencies in Kenya as of 2023, dealing with the deployment of workers to foreign countries. Sixty-five per cent had valid licences while 35 per cent had expired ones.