Kenya’s digital economy has been thrust into the spotlight after 36 tech workers filed a petition at the High Court, seeking to halt the controversial Business Laws (Amendment) Bill, 2024. The workers argue the Senate’s passage of the Bill was unconstitutional, citing lack of genuine public participation and disregard for stakeholder submissions.
At the heart of the dispute is Clause 10, which shifts liability for labour and human rights violations from global tech giants to Business Process Outsourcing (BPO) agents. Petitioners warn this provision would effectively insulate multinational platforms from accountability, leaving local BPO firm and by extension Kenyan workers, carrying the legal and financial burden.
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The case raises broader questions about who should bear responsibility for misconduct in Kenya’s growing tech sector. According to petitioners, the Senate rushed the process further ignoring memoranda. Moreover, the petitioners argue that the Senate even failed to present a participation report and to advance the Bill soon after a Court of Appeal case involving Meta was dismissed.
By asking the court to issue a certiorari order, the workers want the Senate proceedings invalidated before the National Assembly acts. “The harm is already done,” they argue, since the opportunity for public input at the Senate stage has closed.
If successful, the petition could reset the legislative process, forcing lawmakers to reopen the Bill for fresh debate. If not, global tech companies could secure immunity, while BPOs absorb sole liability for worker claims. The outcome will likely determine how far Kenya is willing to go in balancing foreign investment incentives against worker protections and human rights standards.
