Policy Consultation Roundtable on Regulating Kenya’s Gig Economy

THEME: Towards Improving Employment Conditions in the Gig Economy

Date: 17th April 2025

Venue: Hybrid (Nairobi + virtual)

Duration: 8:30 AM – 3:00 PM EAT

Format: Panel discussions, breakout groups, and drafting sessions.

  • Background

One of the key transformations driven by the digital economy is the rise of digital labour platforms, which have penetrated a range of economic sectors such as domestic work, health care services, beauty services, personal services, taxi and delivery services, tutoring, online freelance and microtasking work. Platform work creates new opportunities for workers, the self-employed, customers and businesses. The demand for greater flexibility and a better work- life balance constitutes some of the drivers for the growth of platform work. As these platforms gain prominence in Kenya, they are viewed as having substantial potential for creating employment opportunities, especially for the youth, and for improving the participation of women in the labour force and reducing inequalities. This has led to investments from both the public and private sectors, as well as from venture capitalists, to spur technological “leapfrogging” and catch-up in the development process. Notably, Kenya ranks as the second-largest supplier of online labour platforms in Africa, behind Egypt.

Despite these promising developments, concerns remain regarding the negative aspects of digital labour platforms. Many gig workers in Kenya experience challenges such as unstable income, high costs of doing business as gig workers often have to buy their own equipment, lack of job security since their platform accounts can be suspended or deactivated without notice, and poor access to social services such as health care benefits and pensions. Furthermore, gig workers experience a high degree of competition, resulting in low wages, limited communication channels with clients, which acts as a barrier to effective service provision and pressure to maintain high ratings to access work on platforms. They also face restricted payment options and limitations on self-promotion. The fairness of rating systems is another concern, as it can exacerbate job insecurity. Moreover, the low level of unionization among platform workers means they lack formal representation, relying instead on informal support mechanisms like social media groups. 

These issues are exacerbated by the absence of specific laws recognizing gig workers as employees, leaving them vulnerable to exploitation. The existing legislative framework in Kenya does not adequately address the unique challenges of gig work, and many workers are unaware of their rights due to a lack of awareness about relevant laws and policies. The sustainable growth of the platform economy, therefore, requires improved legal clarity for platforms and better working conditions for people working through platforms. Kenya has made some progress in regulating parts of the on-location  labour platforms, such as the ride-hailing service, following the promulgation of the National Transport and Safety Authority (NTSA) Regulation in 2022. However, significant regulatory gaps remain, particularly in the gig economy sector, which is a growing but largely unregulated form of digital employment. Addressing these challenges relating to digitally-delivered work requires multi-stakeholder engagement to explore sustainable policy solutions that balance innovation, workers’ rights, and industry growth.

 

  • Introduction

Online platform work (also called crowd work) refers to tasks that platform workers carry out from any suitable location on their electronic devices. In most cases, platform workers perform this type of work in their own workplace (e.g. home) using a computer. Tasks performed this way can be clerical and data-entry tasks, online professional services (such as accounting, writing and editing, creative and multimedia work), sales and marketing, software development, IT tasks and design/creative sector. Interactive services (such as online lessons, assistance and consultations) also belong to this category. What sets this category up differently from platforms for offline work is that it is not constrained in the same way by weak purchasing power in many African markets. Instead, platforms for digitally-delivered work can connect workers to service buyers across African borders and beyond to lucrative markets in Europe, North America, and beyond. Paid online work offers remarkable opportunities for improving productivity, social mobility, and the global economy by engaging a geographically distributed workforce to complete complex tasks on demand and at scale. 

In Kenya, Gig work has emerged as a pivotal source of digital employment, offering opportunities for skilled workers to engage in global online freelancing and gig-based tasks. Platforms such as Upwork, Fiverr, and Toptal have opened doors for Kenyan professionals to work with global clients, offering services ranging from graphic design and writing to virtual assistance and software development. This shift has allowed many to bypass the challenges of formal employment, such as limited job opportunities and low wages. Kenya is also experiencing significant growth in outsourcing and online work initiatives, with programs like Ajira Digital, a Government of Kenya (GoK) initiative driven by the Ministry of Information, Communication & Digital Economy that is driving job creation and economic opportunities, particularly for young people and the business process outsourcing (BPO) sector, where Kenyans work mostly in voice-based services and transaction back-office services.

While online platform work offers entry into the global digital economy, Kenyan gig workers face a myriad of challenges that impede their productivity and well-being. These include low wages, job insecurity, lack of social protections, and exploitation by digital labor platforms. Many struggle with unpredictable income, unfair rating systems, and limited opportunities for career growth. Additionally, poor skills, inadequate digital infrastructure, lack of physical enablement of remote work  and regulatory gaps further hinder their success. Moreover, gig workers are exposed to significant data protection risks due to inadequate cybersecurity measures and are subject to algorithmic management systems that often leave them exposed to exploitation and financial insecurity. 

Addressing these challenges is crucial to ensuring fair labor practices, decent work conditions, and sustainable livelihoods for Kenya’s growing online workforce. To achieve this, urgent policy interventions are needed to promote decent work in Kenya’s platform economy, align Kenya’s digital labor policies with its technological ambitions, and ensure that the growing digital economy also leads in parallel to improved working conditions and better outcomes for web-based and platform workers. These interventions should encompass initiatives such as addressing the employment relationship, facilitating collective bargaining for platform workers, addressing gaps in social protection, enhancing occupational health and safety standards, ensuring fair contractual terms and bolstering data protection measures to combat discrimination, among others. 

To support these efforts, the policy roundtable to be convened by GIZ and KICTANet aims to bring together key stakeholders to identify areas where further action on online platform work is necessary and outlines the potential forms such action might take. By engaging stakeholders and conducting a thorough analysis, the roundtable will provide valuable insights to inform policy decisions and ensure that Kenya’s platform economy benefits workers, businesses and society.

  • Main Objective
  1. To facilitate dialogue among key stakeholders regarding the current conditions prevailing in Kenya’s online gig work platforms with the aim of identifying policy and regulatory gaps that will inform improvements in employment conditions and enhance protections for gig workers.
  • Specific Objectives
  1. Facilitate Stakeholder Dialogue: Bring together key stakeholders, including policymakers, labor organizations, platform operators, and workers, to discuss and consolidate stakeholder perspectives on priority areas for policy intervention.
  2. Examine Employment Conditions: Assess the current state of employment conditions for gig workers in Kenya, highlighting challenges and opportunities.
  3. Analyze Policy and Regulatory Gaps: Identify gaps in existing labor laws and policies concerning gig workers, particularly those involved in online outsourcing, microwork, and online freelancing. 
  4. Develop Policy Recommendations: To generate detailed and actionable policy recommendations that will inform the development of a white paper on improving employment conditions and enhancing worker protections in Kenya’s online platform economy.
  • Expected Outcomes
  1. Enhanced Stakeholder Understanding and Collaboration: Robust dialogue on the challenges and opportunities in Kenya’s digital platform economy, leading to increased awareness amongst key stakeholders, including policymakers,  platform operators, workers, and advocacy groups.
  2. Comprehensive Assessment of Employment Conditions: A detailed report documenting the current state of employment conditions for digital platform workers in Kenya, highlighting key challenges such as job insecurity, unfair wages, and lack of benefits, as well as opportunities for improvement.

 

  1. Identification of Policy and Regulatory Gaps: A clear analysis of gaps in existing labor laws and policies, particularly those affecting online outsourcing, microwork, and freelancing, providing a foundation for targeted reforms to protect and empower digital platform workers.
  2. Policy Recommendations: A set of concrete, evidence-based recommendations to inform the development of a white paper on improving employment conditions, enhancing worker protections, and fostering a fair and inclusive digital platform economy in Kenya.
  • Participants

This consultation roundtable will involve key stakeholders from the government, private sector, civil society, and academia: 

  1. Government
  2. Platforms
  3. Trade and Workers Unions
  4. Sectoral Associations
  5. Development Partners
  6. Civil Societis
  7. Academia

About GIZ Gig Economy Initiative and DTC Kenya

On behalf of the Federal Ministry for Economic Cooperation and Development (BMZ), the GIZ Gig Economy Initiative aims at fostering favourable framework conditions for fair work in the Gig Economy at the level of workers, platforms and critical stakeholders from politics, business and civil society. The project builds on the results of the collaboration with the Oxford Internet Institute in improving work on digital labour platforms and complements it at the level of the platform workers and policy and decision-makers. This holistic approach is envisaged in the three overall approaches of 1) enabling workers to know and understand their rights as well as to acquire in demand skills, 2) providing evidence-based research and insights so that platforms can take measures for fair work and 3) supporting the aspirations through the development of agile regulatory frameworks.

In Kenya, the Gig Economy Initiative is active through the GIZ Digital Transformation Center (DTC) commissioned by the Federal Ministry for Economic Cooperation and Development (BMZ) and the European Union (EU). The DTC implements several projects in close cooperation with global projects to support Kenya’s digital transition towards a sustainable digital economy and society. It supports the implementation of various components of global projects, such as facilitating stakeholder dialogues and developing strategic policy recommendations for the Gig Economy in Kenya.

About KICTANet

KICTANet is a multi-stakeholder platform that catalyzes policy reforms in the ICT sector. It is guided by four pillars: policy advocacy, stakeholder engagement, capacity building, and research. KICTANet’s guiding philosophy encourages synergies for ICT policy-related activities and initiatives. The network provides mechanisms and a framework for continuing cooperation and collaboration in ICT matters among industry, the technical community, academia, media, development partners, and the Government.

POLICY CONSULTATION ROUNDTABLE ON REGULATING KENYA’S GIG ECONOMY

THEME: Towards Improving Employment Conditions in the Gig Economy

Program 17th April 2025

Time Session Description Facilitator/Speaker
8:30 AM – 9:00 AM Registration and Networking Participants arrive, register, and engage in informal networking. KICTANet
9:00 AM – 9:15 AM Welcome and Opening Remarks Welcome address, introduction to the roundtable objectives, and overview of the gig economy landscape. Ms. Katharina Mengede – Head of Digital Economy – Digital Transformation Center Kenya, GIZ Kenya

Mr. Ali Hussein – Chairman, KICTANet

9:15 AM – 9:30 AM Keynote Address: “Policy Directions for a Sustainable Gig Economy” Keynote speech by a leading expert on the future of work. Keynote Speakers

Mr. Solomon Kuloba – Deputy Commissioner of Labour, Ministry of Labour and Social Protection

Mr. Emmanuel Kata Kimeu – Secretary, ICT, Ministry of ICT and the Digital Economy

9:30 AM – 10:15 AM High-Level Panel Discussion: “The Current State of Kenya’s Gig Economy: Challenges and Opportunities” Panel discussion featuring government, gig workers reps, platform operators, development partners and researchers, focusing on key trends, challenges, and opportunities. Moderator 

Mr. Victor Kapiyo – Trustee, KICTANet

Panelists

  1. Mr. Evan Gichuki – Director, Software Development and Platforms, Ministry of ICT and the Digital Economy
  2. Prof. Tom Kwanya – Professor, Technical University of Kenya 
  3. Ms. Janet Wandia – Senior Venture Partner, Mercy Corps
  4. Mr. Solomon Kuloba – Deputy Commissioner of Labour, Ministry of Labour and Social Protection
10:15 AM – 10:30 AM Photo and Interview Session
10:30 AM – 11: 00 AM Coffee Break
11:00 AM – 11:45 AM Panel  Session: “Towards an Effective Policy and Regulatory Framework for Decent Crowd Work in Kenya” Panel discussion featuring gig workers, platform operators, and researchers, focusing on key trends, challenges, and opportunities. Moderator 

Dr. Peter Mwencha – Faculty Member, Aga Khan University

Panelists 

  1. Dr. Jacob Omollo – Senior Lecturer, Kenyatta University 
  2. Ms. Gracemary Muchiri – Manager, Ajira Digital Project, KEPSA
  3. Dr. Andrew Muruka – Deputy Director, Directorate of Occupational Safety and Health Services
11:45 AM – 12:15 PM Breakout Sessions: Focused Discussions Participants break into smaller groups to discuss specific policy areas: 

  • Labour Rights and Social Protection 
  • Platform Regulation and Fair Competition
  • Skills Development and Training
  • Data Privacy and Security
Facilitator

Dr. Jacob Omollo – Senior Lecturer, Kenyatta University 

12:15 PM – 12:45 PM Plenary Session: Reporting and Discussion of Breakout Session Findings Each breakout group presents their key findings and policy recommendations, followed by a plenary discussion. Facilitator and Breakout Group Rapporteurs
12:45 PM – 1:00 PM Closing Remarks and Next Steps Summary of key takeaways, the White Paper development process outline, and closing remarks.   Mr. Victor Kapiyo – KICTANet

Mr. Teresios Bundi – Gig and Data Economy Advisor, GIZ Kenya

1:00 PM – 2:00 PM Lunch and Networking Lunch and Departure 

 

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