On 17^th October 2023, KEPSA represented by the Director in charge of Labour & Tourism Mr Macharia Muthondu together with the Legal Advisor Ms Joyner Okonjo, made submissions to the National Assembly Departmental Committee on Labour on the Employment Amendment Bill 2022 (Senate Bills No. 11 Of 2022), alongside the Federation of Kenya Employers and COTU. The committee chaired by Hon. Eric Karemba Muchangi Njiru, M.P, was collecting views from key stakeholders for consideration into the Bill at a Nairobi Hotel.

The Bill originated from the Senate sponsored by Hon. Senator Samson Cherargei, who was also present in the meeting. It seeks to give employees the right to disconnect after working hours, as with the rise of technology, employees are increasingly connected to their work outside of their normal working hours. This may affect a number of sectors whose goods and services cannot be supplied within a strict 8-hour window.

KEPSA cautioned against the possible impact on job creation and retention that come with any proposals that will be an additional cost to business. The proposals for compensation and fines in the Bill would be punitive to businesses, especially for sectors that provide essential services that require employees to work outside traditional working hours during emergencies.

KEPSA also made a case for reconsideration of the Bill to consider emerging trends in the work environment such as flexi work hours, online work across borders with time differences and compensation using other means such as days or hours off.

The committee members impressed upon the need to strike a balance that also protects the rights of employees, while the Sponsor of the Bill Senator Cherargei highlighted the growing cases of mental health and burnout, hence the need to protect employees especially those who are not unionized.

The abridged KEPSA Memorandum can be accessed here; https://admin.kepsa.or.ke/public/files/docs/16975712372.pdf