Domestic workers urge laws to end exploitation, underpayment

Domestic workers during a past Labour Day celebrations at Uhuru park, Nairobi. [File,Standard]

Domestic workers and caregivers in Kiambu are calling on the government to introduce laws that guarantee fair pay and enforce better working conditions.

The workers say harassment, mistreatment and low wages persist because current labour laws leave them unprotected.

Domestic workers perform cleaning, cooking and childcare, yet many work without formal contracts or pay that reflects their hours.

“Some employers harass and overwork us, and since there is no law to protect us, we cannot take action,” said Lois Chege, a domestic worker of six years.

Her account aligns with recent research showing violence and exploitation are widespread in the sector.

A report by Oxfam in October found that more than half of domestic workers surveyed experience some form of gender-based violence, including emotional and economic abuse, with Nairobi and Kiambu reporting the highest rates.

The study said 59.8 per cent of workers reported violence at work.

Gender activist Rosemary Muthoni demanded formal contracts, rest days and pay that reflects legal minimums.

“We should actually give them free days, off days, the way it is supposed to be. If it is 21 days' leave, we should actually be able to do that because that is actually what happened to us. We need to take this job like any other job; this is your employee,” said Muthoni.

Domestic workers in Kenya are already entitled to rights under national law.

The Constitution guarantees fair labour practices and reasonable conditions for all workers, including domestic staff.

However, enforcement remains weak, and many employers treat domestic work as informal and outside the law.

Labour tribunals have ruled in favour of domestic workers in underpayment cases, emphasising that minimum wage and statutory benefits apply in private homes.

The government is now considering changes to extend labour protections into private homes, including ratifying International Labour Organisation (ILO) Conventions 189 and 190, which seek to formally recognise domestic work and protect workers from exploitation.

Recent regulatory changes have also raised the minimum wage for domestic workers in urban centres to Sh10,954 a month and require weekly breaks and overtime pay.

Domestic workers’ advocates say these reforms are overdue and essential to address longstanding gaps in legal protection and enforcement.