“The texts, the messages, the emails colonize the life of the individual to the point where he or she eventually breaks down.” — Benoit Hamon, French National Assembly (2016) [1]

The right to disconnect (RTD) refers to an employee’s entitlement to disconnect from work-related communications outside agreed hours.[2] It stems from the recognition that constant connectivity to information communication technologies (ICT) blurs the boundaries between work and personal lives resulting in negative consequences such as increased stress, sleep disturbances, reduced productivity, and impaired mental health.[3]

Hamon’s words, spoken nearly a decade ago, feel more urgent today than ever in the wake of the post-COVID hybrid and remote working paradigm.[4] Consequently, RTD is a response to a real wellbeing problem created by modern work patterns. Kenya’s 2010 Constitution is aimed at socio-economic transformation primarily through the prioritisation of human dignity, which includes fair labour practices.[5] Against that constitutional backdrop, RTD advances core constitutional aims by protecting mental and physical wellbeing and restoring boundaries eroded by digital technologies.

Kenya’s statutory framework has long reflected this vision. The Employment Act (2007) caps working hours at eight hours per day and 48 hours per week, mandating overtime compensation for any excess.[6] RTD also has clear links to a number of the United Nations (UN) sustainable development goals (SDGs), particularly SDG3 Good Health and Wellbeing, SDG5 Gender Equality, and SDG8 Decent Work and Economic Growth.[7]

The Employment (Amendment) Bill, 2021 and 2022 tabled before the Senate by Samson Cherargei proposed a specific right to disconnect, stating that an employee would have the right not to be contacted outside out-of-work hours, that employers should adopt a policy on after-hours contact and compensation, and that discipline should not follow if an employee ignores non-emergency work communications.[8] That said, employers may legitimately raise competing interests such as business continuity, client service, time-sensitive operations, and the realities of global markets where collaboration crosses time zones.[9] The central question becomes how to delimit after-hours obligations without undermining business needs. Where do we draw the line? 

The answer lies not in rigid prohibition, but in deliberate balance. The Bill wisely places the onus on employers to craft disconnect policies tailored to their operational realities, rather than leaving employees to individually resist workplace pressure. It allows contact in emergencies, excludes essential services, and requires employers with more than ten employees to consult workers or unions when developing the policy.[10]

In summary, RTD harmonises with Kenya’s constitutional and statutory framework by protecting dignity, health and fair work conditions. Properly framed and implemented, as observed in the tabled Bill, it need not cripple businesses. Instead, it offers a mechanism to balance human rights at work with legitimate commercial needs.

Written by Doris Juma Kidero

References:

[1] Schofield H, ‘The plan to ban work emails out of hours’, BBC, 11 May 2016.

[2] Hopkins J, ‘Managing the Right to Disconnect—A Scoping Review’ 16(12) Sustainability, 2024, 4970.

[3] Odayo F and Sharon L, ‘The Right to Disconnect: Evaluating the Efficacy of Labor Laws in Reducing after-hours Work Communication in Uasingishu County’ 9(6) International Journal of Academic Accounting, Finance & Management Research(IJAAFMR), 2025, 216. 

[4] Kenya considers legal right for remote workers to ‘disconnect’ and establish specific working hours, EY Global, 23 March 2022, 

-<https://www.ey.com/en_gl/technical/tax-alerts/kenya-considers-legal-right-for-remote-workers-to-disconnect-and establish-specific-working-hours> on 5 June 2026. 

[5] Article 10, Constitution of Kenya (2010). 

Article 41, Constitution of Kenya (2010). 

[6]ection 27, Employment Act (Act No. 11 of 2007).

[7] United Nations, Sustainable Development Goals, Department of Economic and Social Affairs, -<https://sdgs.un.org/goals> on 5 June 2026.

[8] Kenya Gazette Supplement No. 186, (Senate Bills No. 54).

[9] Kenya considers legal right for remote workers to ‘disconnect’ and establish specific working hours, EY Global, 23 March 2022, 

-<https://www.ey.com/en_gl/technical/tax-alerts/kenya-considers-legal-right-for-remote-workers-to-disconnect-and establish-specific-working-hours> on 5 June 2026.

[10] Section 27A(3), Kenya Gazette Supplement No. 186, (Senate Bills No. 54).

Article by Michael Olach