If you’ve ever hired a mama fua, nanny, or fundi to help around the house, you’ve probably wondered: Are there laws that protect their rights? The answer is yes—and in Kenya, those rights are written into law. But enforcement? That’s where the real hustle begins.
🧹 Who Counts as a Domestic Worker?
In Kenya, a domestic worker includes anyone who provides household services—cleaners, cooks, gardeners, nannies, housekeepers, and even live-in caregivers. These workers are legally recognized under the Employment Act, 2007, and are entitled to the same basic rights as any other employee.
📜 What Does the Law Say?
Kenya took a big step in 2011 by aligning with ILO Convention 189, which affirms that domestic workers deserve fair treatment, decent pay, and safe working conditions. Here’s what they’re entitled to:
- ✅Minimum wage (set by the government and reviewed regularly)
- ✅Two days of rest per week
- ✅21 days of paid annual leave
- ✅Sick leave and maternity leave
- ✅Safe and respectful working conditions
- ✅NHIF and NSSF contributions
- ✅Written contracts and clear job terms
⚖️ What Happens If Employers Don’t Comply?
Employers who violate these rights can face fines of up to KSh 50,000 or six months in jail under Section 87 of the Employment Act. Failing to remit NHIF contributions? That’s a penalty of five times the monthly amount.
🗣️ Can Domestic Workers Speak Up?
Yes! Domestic workers can:
- ✅Join trade unions like KUDHEIHA
- ✅Report abuse or underpayment to the Labour Office
- ✅File complaints in the Employment and Labour Relations Court
🌍 What About Other African Countries?
While Kenya is ahead of many African nations in formalizing domestic work protections, enforcement remains a challenge continent-wide. Some countries have ratified ILO Convention 189, but many still lack clear frameworks or rely on informal systems that leave workers vulnerable.
💡 Why This Matters for You
Whether you’re an employer or a platform like Balozy connecting clients to service providers, understanding and respecting these rights isn’t just good ethics—it’s good business. Verified, protected workers are more reliable, more motivated, and more likely to deliver 5-star service.
✅ Final Word
Yes, Kenya regulates domestic worker rights—and the law is on their side. But awareness and enforcement are key. Let’s build a future where every mama fua, nanny, and fundi is treated with dignity, fairness, and respect.
