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The world of work has undergone a structural transformation. The convergence of remote and hybrid working, the rapid expansion of the gig economy, the adoption of artificial intelligence in the workplace, and a growing legal recognition of employee wellbeing have collectively disrupted the assumptions on which employment relationships were historically built. For employers operating in Kenya, the implications are both immediate and far-reaching: the workplace has changed, but the law has not kept pace.
1 July 26
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Kenya’s principal employment statute, the Employment Act, was enacted in 2007, predating the widespread adoption of remote work, the emergence of platform-based labour models, and the current generation of AI-powered tools. The statute’s provisions were drafted to govern a fixed, physical employment relationship. They continue to apply, largely unchanged, to a world of work that bears little resemblance to the one they were designed to regulate. This dissonance creates legal risk for employers who fail to address the gaps proactively, and significant exposure for those who rely on outdated contractual frameworks.
As part of ALN Kenya’s Labour Lens Series, this article examines key areas where the evolving nature of work intersects most acutely with Kenyan employment law: remote and hybrid working, gig economy classifications, workplace monitoring and data privacy, mental health obligations, and the impact of AI and automation. In each area, legislative reform has lagged behind practice, and the burden of managing that gap falls, for now, on employers.
Should you have any questions regarding the information in this legal alert, please do not hesitate to contact Sonal Tejpar or Rosa Nduati-Mutero.