Workers who leave Kenya for employment abroad should not find themselves without legal protection when disputes arise, the Judiciary has said, calling for reforms to keep pace with the growing movement of labour across borders.
The Judiciary wants courts, governments and other labour-sector institutions to strengthen cooperation and develop better ways of handling employment disputes involving workers and employers in different countries.
The concerns were raised on Friday, September 18, 2026, during the conclusion of the fourth Employment and Labour Relations Annual Symposium and Exhibition (ELRASE IV, 2026) held at Strathmore University in Nairobi.
The three-day meeting, organised by the Judiciary, brought together judges, government officials, employers, workers’ organisations, recruitment agencies, civil society groups and development partners to discuss labour migration and access to justice.
Participants examined how changes in the labour market and increased movement of workers between countries are creating new demands on justice systems.
They discussed international labour standards, human rights, constitutionalism and the right of refugees to work, alongside ways of dealing with employment disputes that involve more than one jurisdiction.
Employment and Labour Relations Court Principal Judge Monica Mbaru said crossing a national boundary should not prevent a worker from pursuing justice.
She identified a range of problems that can affect migrant workers, including recruitment practices, unfair contractual arrangements, wage exploitation, unsafe working environments, discrimination, harassment, trafficking, forced labour and unfair termination.
“The symposium, brought into focus the opportunities and vulnerabilities associated with labour mobility, including recruitment practices, unfair contractual arrangements, wage exploitation, unsafe working environments, discrimination, harassment, trafficking, forced labour and unfair termination,” she said.
Justice Mbaru said reforms are needed to make labour justice more responsive to workers whose employment takes them beyond Kenya.
She called for more resources and stronger judicial research, easier access to courts, greater use of technology and alternative dispute resolution, and improved coordination of labour migration policies.
She also called for coherent jurisprudence to guide courts when dealing with employment disputes that involve workers and employers in different countries.
“The overarching objective is to contribute to a future-ready labour justice system in which geographical borders do not become barriers to justice, and every worker local, migrant, formal, informal or engaged in emerging forms of work can have confidence that the law protects their dignity and provides accessible remedies when their rights are violated,” she said.
The symposium also examined alternative dispute resolution as a way of making it easier and faster to settle labour disputes.
A panel chaired by Employment and Labour Relations Court Judge Jorum Abuodha considered alternative dispute resolution and multi-door justice, with discussions focusing on faster enforcement of settlements reached across borders.
Participants also looked at specialised training for mediators who handle labour disputes involving different jurisdictions.
Another session, led by Judge Nzioki wa Makau, examined international labour standards, human rights and constitutionalism.
Judge Onesmus Makau chaired a separate discussion on institutional reforms, labour migration policy, capacity building and the Kenya Migrant Workers Welfare Fund.
Justice Mbaru said the discussions should help shape a labour justice system that workers can rely on irrespective of where they live or work.
Government outlines migrant worker protection
State Department for Labour and Skills Development Principal Secretary Shadrack Mwadime said Kenya’s approach to labour migration must cover more than the movement of workers from one country to another.
He said the system should protect workers’ rights and welfare throughout the migration process while also providing skills development, decent employment and safe, orderly and regular migration pathways.
“Labour mobility is of immense benefit to migrants, communities, employers, governments and other stakeholders in both countries of origin and destination when it is properly managed,” Mwadime said.
The PS said Kenya’s labour mobility programmes are designed to cover a worker’s entire journey, beginning before employment and deployment and continuing through their period of work until they return and reintegrate.
“Our labour mobility programmes covers the entire journey of a migrant worker starting with the pre-employment, tour of duty as well as return and re-integration,” explained the PS Mwadime.
Mwadime reaffirmed the Government’s commitment to Bilateral Labour Agreements, saying sustained cooperation would be necessary to translate the recommendations from the symposium into practical reforms.
The meeting ended with stakeholders emphasising the need for national, regional and international cooperation to ensure workers can access remedies when their employment rights are violated, even when the dispute extends beyond Kenya’s borders.