Kenya’s workplace health and safety regime rests on two principal statutes: the Occupational Safety and Health Act, No. 15 of 2007 (OSHA) and the Work Injury Benefits Act, 2007 (WIBA).
Under OSHA, every employer bears a primary duty to ensure the safety, health, and welfare of all employees at work. This includes providing and maintaining safe plant and systems of work, maintaining the workplace in a condition free from health risks, and carrying out appropriate risk assessments with preventive and protective measures. Employees, for their part, are not passive beneficiaries as they are required to wear protective equipment provided by the employer, comply with safety instructions, and report any situation that presents a hazard they cannot themselves correct.
Recent regulatory activity under OSHA includes the Occupational Safety and Health (First Aid in the Workplace) Regulations, 2024, which apply to all workplaces not just factories as was previously the case. These regulations require employers to conduct first-aid needs assessments and maintain a sufficient number of trained first-aid providers, adequate first-aid boxes, and, where necessary, dedicated first-aid rooms.
WIBA complements OSHA by providing a compensation mechanism. It introduced a no-fault compensation system, meaning employees can claim benefits regardless of who caused the accident, except in cases of self-inflicted injuries. Employers are required by Section 7 of WIBA to obtain and maintain insurance covering potential liability to employees. Failure to maintain such insurance exposes an employer to a fine not exceeding KES 100,000, imprisonment of up to three months, or both.
Enforcement and Oversight
The Directorate of Occupational Safety and Health Services (DOSHS) sits at the centre of enforcement, operating from headquarters in Industrial Area, Nairobi, and maintaining regional offices in twenty-nine counties. Its functions include workplace registration, inspection and audits, examination of plant and equipment, and accident investigation and WIBA processing.
Recent Court Decisions
The courts have been active in shaping the practical application of this framework. In Dock Workers Union (K) v Director of Occupational Safety and Health Services & Others (Petition E004 of 2024), the Employment and Labour Relations Court (ELRC) was asked to determine whether an employee shot by unknown assailants at the employer’s premises had suffered an occupational accident. The court affirmed that a work injury is any personal injury arising out of and in the course of employment, and held that an employer’s duty to provide a safe working environment under OSHA extends beyond traditional occupational hazards to include incidents involving third-party criminal acts occurring at the workplace. The employer was held liable.
Looking Ahead
A Draft Occupational Safety and Health Bill, 2024 has been circulated for public participation, signalling legislative intent to further modernise the framework. For now, Kenya’s workplace safety regime is one in active evolution — shaped equally by statute, regulation, and a growing body of jurisprudence that increasingly favours worker protection and broad employer accountability.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Organizations should consult us for specific legal counsel.
