Experts say Kenya’s labour laws lag behind rise of algorithm-driven work

Experts say Kenya's labour laws lag behind rise of algorithm-driven work

As Kenya’s digital platform economy expands, labour experts are warning that existing laws are failing to keep pace with new forms of algorithm-driven work, leaving millions of workers exposed to opaque systems that operate beyond traditional workplace protections.

Speaking at the Grassroots Forum on the Future of Work held at the Kenya Institute of Curriculum Development (KICD) in Nairobi, labour rights advocates, researchers and union representatives highlighted the growing challenges facing workers in the digital economy.

Regional Coordinator at the International Lawyers Assisting Workers Network Jacqueline Wamae said technology has fundamentally transformed the employer-employee relationship, with algorithms increasingly performing managerial functions.

“In the digital economy, it’s the algorithm that is the boss,” Wamae said.

“When you’re accessing work, sometimes it’s through the algorithm. When you’re working, your productivity, your rates and how you’re going to be paid are determined by an algorithm.”

According to Wamae, workers performing similar tasks under comparable conditions can receive different pay depending on how platform algorithms calculate compensation.
She also expressed concern over the growing practice of account deactivation, where workers can suddenly lose access to platforms without explanation or an opportunity to challenge the decision.

“Most workers are often kicked out of the platform without necessarily being told why they are being deactivated,” she said, noting that many platforms lack human review mechanisms or meaningful appeal processes.

The concerns were echoed by Ambira Jua Kali Association Secretary General Hillary Oluoch Oketch, who said digital platforms have introduced new vulnerabilities for workers.

“Many people wake up to find their accounts deactivated, with no offices to appeal to and no safety nets available to them,” Oketch said.

He cited income instability, platform vulnerabilities, high compliance costs, intense competition, outsourcing and limited access to finance among the major challenges facing informal sector workers.

According to the Kenya National Bureau of Statistics Economic Survey 2026, the informal sector now accounts for 83.8 percent of total employment in Kenya, employing 18.1 million workers, while the formal sector absorbs just 16.2 percent.

Wamae noted that Kenya’s labour laws were enacted before the emergence of today’s platform economy and do not adequately address issues such as algorithmic management and digital work arrangements.

“Our 2007 laws did not envision the digital economy,” she said.

She further raised concerns about psychosocial risks associated with digital work, including fatigue, constant pressure to remain available, workplace isolation and exposure to distressing content.

“Our occupational health and safety laws need to change to incorporate psychosocial risks,” Wamae said, calling for reforms to occupational safety and work injury compensation legislation.

The forum also highlighted the unique challenges facing women in the digital and informal economy.

Rachel Keeru, a researcher at the Women Economic Empowerment Hub at the University of Nairobi, cited Kenya National Bureau of Statistics data showing that women perform four times more unpaid care and domestic work than men.

She said unpaid care work contributes an estimated 23.1 percent of Kenya’s Gross Domestic Product, representing between Sh2 trillion and Sh2.5 trillion in economic value.

Keeru noted that women in the informal and platform economy often lack maternity protection, social security benefits and flexible work arrangements available in the formal sector.

“Women in the informal economy have no social protection and maternity leave policies do not apply to them,” she said.

She cautioned against treating women and youth as a single homogeneous group when designing programmes and policies.

“They’re not a homogeneous group. Women and youth have different needs, and even women themselves have different realities depending on where they live and their circumstances,” she said.

Keeru pointed to the differing realities of urban and rural women, mothers with young children, women in formal and informal employment, and those living in arid and semi-arid areas.

Similar diversity exists among young people, she added, making blanket interventions ineffective.

“What we often see is programmes lumping women and youth together, yet each group faces unique challenges that require targeted responses,” she said.

She called for gender-transformative approaches that address the specific needs of different groups, including women with disabilities, widows and single mothers, who are often overlooked in policy discussions.

“These are different demographics with different needs, yet they are often treated as one group,” she said.

Keeru said tailored interventions are more likely to deliver meaningful outcomes.

“When interventions are designed for specific groups, they are more likely to achieve meaningful impact,” she added.

Despite the challenges, she pointed to positive developments, including Kenya’s National Care Policy, which she described as the first of its kind in Africa.

“Kenya is one of the countries being used as a benchmark because it is the first country in Africa to develop a national care policy,” she said.

The policy, which has been approved by Cabinet and is currently before Parliament as Session Paper No. 2 of 2026, seeks to address the disproportionate care burden carried by women.

Keeru also highlighted county-level initiatives, including a childcare facility at Ngong Market that allows women traders to leave their children in a safe environment while they work.

Meanwhile, Wamae cited the recent adoption of International Labour Organization Convention 193 on the Platform Economy as a significant step toward regulating algorithmic management and protecting platform workers globally.

“The international community adopted the first-ever standard which recognizes algorithmic management in the digital economy,” she said.

However, she noted that implementation and ratification remain a challenge for many countries, including Kenya.

The issue of legal representation for informal and platform workers was also raised by union representative Joshua Ombuya, who questioned where workers outside the formal sector can seek justice when disputes arise.

“Issues that arise from the formal sector are dealt with in the Labour and Employment Court. Where do we take issues that arise from the informal sector?” he asked.

Ombuya said unions have already submitted proposals to the Labour Commission seeking stronger protections for informal and platform workers.

Labour Commissioner Hellen Apiyo reaffirmed the government’s commitment to ensuring all workers feel recognized and valued regardless of the sector in which they operate.

She said the government remains committed to building a future of work that is inclusive, fair and responsive to the changing realities of the labour market.