Domestic workers in Mombasa County have urged the government to ratify and enforce International Labour Organization (ILO) Conventions 189 and 190.
They say this is necessary to curtail widespread mistreatment of workers, including overtime work without compensation, abuse, harassment, and exploitative contracts.
The call came during a public participation forum at KICODEP Social Hall in Bombolulu, where workers shared harrowing personal experiences where they emphasised the need for stronger legal protections for Kenyans employed both locally and abroad.
Phoebe Nassir, a domestic worker from Nyali, highlighted the challenges faced in the sector.
“We as domestic workers have been facing a lot of mistreatment; our rights are disregarded, we work overtime with no pay, and we experience abuses and harassments.
Our contracts are not being implemented fully, and sometimes there is employment of underage children, so we want the two ratified so that we can get our rights,” she said.
Mwanamisha Matano, who worked abroad as a domestic worker, described similar hardships in foreign countries.
“The contract isn’t clear, many working hours with little resting time, being denied food, not being taken to hospital when ill, sexual harassment.
We want the C189 ratified because it will not only help those of us who came back but also those abroad,” she stated.
Aima Mohammed, a resident from Bamburi who worked as a domestic worker abroad, detailed systemic exploitation faced by Kenyan workers in foreign countries.
She said that salaries promised in Kenya often differed from what workers received upon arrival, adding that travel documents were confiscated at the airport, leaving workers without identification, phones or money.
She said domestic workers were subjected to degrading treatment, excessive manual labour and, in some cases, sexual harassment.
She added that agents who facilitated travel rarely intervened when abuse occurred, leaving workers at the mercy of employers. Mohammed said false accusations were sometimes used to deny workers their salaries, especially where disputes arose.
Mohammed urged the Mombasa County government to treat the issue with urgency, calling for ratification of the conventions to guarantee fair wages, access to financial services and justice for abused workers.
She also appealed for the return of bodies and belongings of workers who die abroad, alongside full payment of earned wages.
She called on Governor Abdulswamad Nassir and Mombasa County Woman Representative, Zamzam Mohamed, to support efforts to address the challenges.
Edith Murogo, Executive Director of the Centre for Domestic Training and Development, noted the unique vulnerabilities of domestic workers due to their employment in private households.
Murogo explained that the home is recognised as a workplace under current labour laws and should receive the same oversight as other sectors.
She commended the government’s progress since the 2011 adoption of Convention 189, crediting civil society efforts for advancing the ratification process.
The Centre for Domestic Training and Development has focused on professionalising the sector since 2001, collaborating with institutions like the National Industrial Training Authority to develop curricula for home care management, caregivers and health care assistants. A childcare curriculum is also set for launch.
Oxfam Representative Purity Jebor said research by the organisation showed employers of domestic workers accounted for 89 per cent of gender-based violence cases reported in the sector.
Jebor said Oxfam had prioritised sensitising domestic workers on decent work standards and reporting mechanisms for gender-based violence.
She said the organisation was also engaging employers on labour laws to promote compliance, including issuing employment contracts as required by law.
Hellen Apiyo, Commissioner for Labour, described the forum as part of ongoing nationwide outreach to gather public views on ratification.
“These two conventions are very important because they touch on the rights of workers and the rights of workers who are vulnerable. We’re talking about domestic workers and also workers in general who are vulnerable or susceptible to violence and harassment at the workplace,” she said.
Apiyo outlined the Ministry’s efforts, noting previous forums in Kakamega, Kisumu, Kiambu and Nakuru, with upcoming sessions planned for Garissa, Mandera, Eldoret and Lodwar.
The initiative complies with constitutional requirements for public participation in legislative reforms.
She acknowledged gaps in existing legislation, such as the Employment Act and National Employment Authority Act, which fail to fully address the isolation of domestic work in private homes.
Ratification would enable better enforcement mechanisms, including labour inspections adapted for privacy concerns, and strengthen worker organisation.
Apiyo also addressed challenges for migrant workers in the Middle East, where bilateral agreements exist but enforcement and awareness are lacking.
The conventions would provide clearer terms for stay-in workers, dispute resolution and remediation, aligning Kenya with regional standards, as several countries have already ratified them.
Participants expressed hope for better working conditions, with a strong turnout registered, including men and women from various occupations, signalling a need for enhanced protection and safety for the entire workforce.
By Sitati Reagan
