Date of publication:

04/22/2025

Kenya

Do domestic laws and policies provide fair remuneration for forcibly displaced and stateless persons?

ANALYSIS

Assessment by population

Refugees
Analysis

According to article 41 of the Constitution, every worker has the right to fair remuneration. Also, as per article 5(5) and (6) of the Employment Act, an employer shall have the duty to pay equal remuneration for work of equal value and contravening this obligation is an offence. In addition, articles 31, 32, 33 and 34 of the Employment Act requires employers to pay housing, transport, food and medical allowances to the employee. In Kenya, a minimum wage is set by the Ministry of Labor and reviewed every two years. The minimum wage applies to all workers, whether they are nationals or foreigners, and it is against the law to pay an employee below the minimum wage. Therefore, refugees are entitled to same treatment as nationals regarding fair remuneration for the work they have done.

    LAW & POLICY

    Related provisions of domestic law or policy

    The Employment Act

    Legal provision

    Article 32 - Water

    An employer shall provide a sufficient supply of wholesome water for the use of his employees at the place of employment and, as the case may be, within a reasonable distance of any housing accommodation provided for the employees by the employer.

    Article 33 - Food

    An employer shall, where the provision of food has been expressly agreed to in or at the time of entering into a contract of service, ensure that an employee is properly fed and supplied with sufficient and proper cooking utensils and means of cooking, at the employer’s expense.

    Article 5 - Discrimination in employment

    An employer shall promote equal opportunity in employment and strive to eliminate discrimination in any employment policy or practice;

    Article 34 - Medical attention

    (1) Subject to subsection (2), an employer shall ensure the sufficient provision of proper medicine for his employees during illness and if possible, medical attendance during serious illness; (2) An employer shall take all reasonable steps to ensure that he is notified of the illness of an employee as soon as reasonably practicable after the first occurrence of the illness.

    Article 31(1) Housing

    An employer shall at all times, at his own expense, provide reasonable housing accommodation for each of his employees either at or near to the place of employment, or shall pay to the employee such sufficient sum, as rent, in addition to the wages or salary of the employee, as will enable the employee to obtain reasonable accommodation.

    The Constitution of Kenya

    Legal provision

    Article 41- Labour relations

    (1) Every person has the right to fair labour practices. (2) (a) Every worker has the right— to fair remuneration. (b) to reasonable working conditions.