Cotu demands Senate withdraws business laws bill over workers’ rights concerns

The Central Organisation of Trade Unions has urged the Senate to withdraw and re-examine the Business Laws (Amendment) Bill, saying it goes against key constitutional safeguards on workers’ rights and unionisation.

Cotu said the bill is inconsistent with Article 41 of the Constitution, which guarantees the right to trade union membership, and warned that its provisions could severely weaken protections for workers in Kenya’s fast-growing technology and digital economy sectors.

In a statement, Cotu Secretary General Francis Atwoli said the bill introduces measures that risk limiting workers’ access to justice and eroding fundamental freedoms protected under Articles 10, 27, 41, 47, 48 and 118 of the Constitution.

“It shields powerful multinational technology companies from accountability, while placing undue liability on local Business Process Outsourcing firms and workers,” Atwoli said.

The umbrella union said it recognised the concerns already raised by digital workers who have strongly opposed the amendments. Cotu echoed their fears that the contested provisions entrench discrimination, undermine labour protections and deny workers fair administrative action.

“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 said.

He emphasised that no business or labour law amendments should contradict Article 41, noting that any attempt to water down union rights would amount to an unconstitutional attack on workers’ protections.

“At 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.

Cotu also reaffirmed its support for international labour standards, saying Kenya must uphold its obligations to protect digital and platform workers under International Labour Organization conventions.

Last month, the Africa Tech Workers Movement in Kenya, together with several associations of digital workers, condemned the Senate’s passage of the bill. The groups, led 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, accused Senators of ignoring constitutional requirements for public participation and passing what they termed a “discriminatory” law.

Cotu said the Senate must act urgently to review the bill and address the contested clauses that, in its view, favour multinational corporations while leaving Kenyan workers exposed.