Job security in Kenya, understood as workers' protection against arbitrary dismissal and income loss, declined substantially throughout the post-colonial period, particularly from the 1980s onwards. The colonial and early post-colonial periods saw implicit expectations of permanence in formal employment, with employers expected to maintain workforce during economic downturns and workers protected against arbitrary termination. These implicit protections eroded progressively as employers asserted unilateral dismissal authority, labour market deregulation advanced, and casual employment became dominant.
Colonial-era employment provided minimal formal job security protections; the Masters and Servants Ordinance permitted dismissal at will by employers. However, implicit social norms and labour scarcity in some sectors meant African workers achieved some de facto security through employer reluctance to lose trained workers. The high costs of training replacement workers created incentives to retain workers even during economic downturns. This de facto security was limited and uneven, varying substantially by sector and worker status. Permanent seniority-based security applied primarily to skilled workers and those in stable sectors.
Post-independence governments initially acknowledged employment security as a social good, with legislation establishing some protections against arbitrary dismissal. The Industrial Relations Charter and subsequent employment legislation established procedures for termination, requiring notice periods and severance compensation. These protections applied primarily to formal sector workers with permanent contracts; casual workers were explicitly excluded. The framework created dualistic security: formal sector workers with contracts gained protection; informal and casual workers remained vulnerable to arbitrary termination without compensation.
Job security protections were substantially undermined by the rise of casual labour from the 1980s onwards. Employers increasingly shifted permanent positions to casual arrangements, reducing formal security. Casual workers could be dismissed instantly without notice or compensation; they accumulated no seniority protection; and their employment was explicitly temporary. The growth of casual work meant the proportion of the workforce covered by security protections contracted despite legal frameworks nominally protecting workers.
The economic crises of the 1980s-1990s intensified job insecurity as employers invoked economic hardship to justify dismissals and reduction of permanent workforce sizes. Structural adjustment programs encouraged labour market flexibility, portrayed as necessary for competitiveness. Privatization programs often involved workforce reductions and casualization. International competition, while potentially beneficial, was used to justify employment reduction. The cumulative effect was that formal sector workers who had achieved security saw it progressively eroded through layoffs, forced retirement, and casualization.
Contemporary Kenya's labour market is dominated by job insecurity, with most workers lacking protection against arbitrary dismissal. The proliferation of contract and casual work has meant that the proportion of workers in secure employment is small and shrinking. Unemployment and underemployment are endemic; workers desperate for any income accept insecure arrangements. The legal protections nominally protecting workers are rarely enforced; employers dismiss workers at will; and workers lack resources or capacity to pursue reinstatement claims. The result is a labour force characterized by chronic income uncertainty.
See Also
Wrongful Dismissal Severance Packages Labour Court Establishment Employment Contracts Redundancy Processes Informal Sector Labor Rights
Sources
- Sahn, David E. (ed.). "Adjusting to Policy Failure in African Economies" (1994), Cornell University Press - includes employment security discussion
- International Labour Organization. "Job Security and Employment Protection in Kenya" (2010), ILO Publications, Geneva
- Ouma, Stephen. "Employment Security in Kenya: Law and Practice" (2012), East African Educational Publishers, Nairobi