Many domestic workers in Kenya earn far below what the law actually requires. This often happens because the work is arranged informally, without contracts, documentation, or clear agreements. But even in those situations, the law is clear. Domestic workers, including those providing childcare, are protected.
Under the Regulation of Wages (General) (Amendment) Order 2024, which took effect in November 2024, the government set specific minimum wages and labour protections that employers must follow.
These protections were the center of discussion during a Dialogue and Knowledge Exchange Forum convened by the
@CDTDKenya and
@covaw. The forum aimed to harmonize relations between domestic workers and their employers, bringing together workers, their employers, labour officials, and civil society actors to discuss rights, responsibilities, and better practices.
During the discussion, Artlibert Makori, Assistant Labour Commissioner, reminded participants of something many workers and employers forget:
“Even without a written contract, the Employment Act protects domestic workers, including those providing childcare.”
His message was simple. Informality does not erase rights.
Makori explained that employers cannot dismiss domestic or childcare workers arbitrarily. Termination must have a valid reason, and notice must be given by either party, even during probation. Domestic workers are also protected by limits on working hours. The law caps work at 52 hours per week, requires overtime to be paid at 1.5 times the normal rate, and guarantees at least one paid rest day each week, usually on Sunday.
The law is also explicit about wages. In cities such as Nairobi:
Live-in domestic workers: minimum KSh 16,114 per month (includes food and housing).
Live-out domestic workers: same base plus a 15 percent housing allowance (~KSh 18,531 total).
Wages must be paid monthly, and employers cannot make excessive or arbitrary deductions.
Discussions at the forum emphasized that while these protections exist in law, many domestic workers and their employers still experience gaps in enforcement and awareness. Strengthening understanding on both sides is an important step toward ensuring that domestic work, including childcare, is recognized, protected, and fairly compensated.
#TransformingCare #ACTProjectKE #ChildcareWorkIsWork #WUSC #COVAW