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    • The power of ratification: Domestic workers’ rights

    The power of ratification: Domestic workers’ rights

    • Posted by SLS
    • Categories Strathmore Law Clinic
    • Date June 8, 2026

    Domestic workers are the backbone of Kenya’s households.[1] They sustain others’ households while being denied the most basic protections afforded by formal employment, left voiceless by the very legal framework that ought to speak loudest on their behalf. Domestic work in Kenya is predominantly informal. It is characterised by low wages, absence of written contracts, limited access to social security, and weak labour inspection. This vulnerability leaves millions exposed to exploitation, with little legal recourse.[2] 

    The international community, through the International Labour Organisation (ILO), adopted Convention No. 189 on Decent Work for Domestic Workers (C189) in 2011, an instrument designed to bring domestic work out of the shadows of informality and into the protection of labour law.[3] Its companion instrument, ILO Convention No. 190 on Violence and Harassment (C190), goes beyond criminalisation, requiring comprehensive frameworks for prevention, protection, and remedy.[4] Research indicates that over half of women and roughly 30 per cent of men have experienced some form of workplace harassment, with domestic, informal, and migrant workers facing the highest risk.[5] 

    Kenya has acknowledged the urgency for years, yet ratification remains unfulfilled. On Labour Day 2023, President William Ruto publicly pledged to ratify both conventions within three months. That deadline passed, and so did a renewed pledge at Labour Day 2025. As of 2024, only 36 countries had ratified C189 globally; Kenya was not among them.[6] Advocates, domestic worker organisations, and the Kenya National Commission on Human Rights (KNCHR) have consistently argued that the delay is indefensible. Kenya’s Constitution, Employment Act, and Labour Relations Act already provide a solid legal foundation; ratification would strengthen rather than rebuild existing frameworks.[7] 

    In December 2025, the government signalled renewed momentum. The State Department for Labour and Skills Development launched nationwide public consultations in Kakamega, Kisumu, and other counties, bringing together workers, employers, trade unions, civil society, and state institutions to examine the obligations and implementation implications of C189 and C190.[8] Principal Secretary Shadrack Mwadime framed ratification as a major shift in Kenya’s labour governance, particularly for the informal sector. Labour Commissioner Hellen Apiyo confirmed that consolidated stakeholder submissions would be presented to Cabinet to guide the legislative and policy steps required ahead of formal ratification. [9]

    In 2026, Kenya’s ratification efforts reached a decisive turning point. During the 61st Labour Day celebrations in Vihiga County, President Ruto announced that the National Labour Board had completed the ratification process for both conventions, with the Labour Ministry finalising instruments for Cabinet submission in line with the Treaty Making and Ratification Act. [10] Despite this, Central Organisation of Trade Unions (COTU) Secretary General Francis Atwoli remained cautious, reminding the President of an identical unfulfilled pledge made at the 2025 celebrations and accusing the Ministry of Labour of deliberately stalling the process.[11] 

    Kenya’s resolve has already stirred neighbouring Tanzania into action.[12] Twice now, pledges have been made. Consultations have been held. The National Labour Board has played its part. Only one step remains: depositing the instrument with the ILO. Kenya’s domestic workers are not asking for charity, they are demanding what the law already guarantees them.

     

    Written by Ashely Ndinda

     

    References:

    [1] Murogo E, ‘It’s time to ratify law on domestic work’ Daily Nation, 20 July 2025 – 

    https://nation.africa/kenya/blogs-opinion/blogs/it-s-time-to-ratify-law-on-domestic-work-5125290  on 3 June 2026.

    [2] Citizen Reporter, ‘Kenya moves to strengthen workers’ rights to guarantee decent jobs’ Citizen Digital, 20 December 2025 – https://citizen.digital/article/kenya-moves-to-strengthen-workers-rights-to-guarantee-decent-jobs-n374717  on 3 June 2026. 

    [3] Article 1, Convention concerning decent work for domestic workers (No. 189), 16 June 2011. [4] Article 1, Convention concerning the elimination of violence and harassment in the world of work (No. 190), 21 June 2019. 

    [5] Citizen Reporter, ‘Kenya moves to strengthen workers’ rights to guarantee decent jobs’. 

    [6] Wanja M, ’14 years and counting: Domestic workers still waiting for basic rights protection’ Daily Nation, 22 August 2025 – 

    https://nation.africa/kenya/news/gender/14-years-and-counting-domestic-workers-still-waiting-for-basic-rights-protection  -5164290 on 3 June 2026.

    [7] Kenya National Commission on Human Rights, Advisory on ratification of ILO Conventions Nos 189 & 190, 2024.

    [8] Citizen Reporter, ‘Kenya moves to strengthen workers’ rights to guarantee decent jobs’. 

    [9] Citizen Reporter, ‘Kenya moves to strengthen workers’ rights to guarantee decent jobs’. 

    [10] William Ruto, ‘President Ruto’s full Labour Day speech, ‘ NTV Kenya, 1 May 2026 – 

    https://ntvkenya.co.ke/news/president-rutos-full-labour-day-speech/  on 3 June 2026. 

    [11] Mwangi I, ‘Atwoli pushes Ruto’s administration over delayed labour treaties, cites broken promises’ Capital FM, 1 May 2026.

    [12] Nachilongo H, ‘Calls grow for Tanzania to ratify domestic workers’ convention’ The Citizen, 1 May 2026 – https://www.thecitizen.co.tz/tanzania/news/national/calls-grow-for-tanzania-to-ratify-domestic-workers-convention -5443 064 on 3 June 2026.

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