Petitioners argued that proposed law could weaken protections for workers and safeguard multinationals A group of 36 digital workers, labour rights advocates and civil society organisations have suffered a setback after the High Court declined to halt the Business Laws (Amendment) Bill from proceeding through Parliament.
In what the court described as premature judicial intervention, Justice Bahati Mwamuye dismissed a case that had sought to block further consideration of the Bill over concerns that it was passed by the Senate without meaningful public participation. The petition, filed by Oversight Lab and 35 other petitioners, had attracted attention from the country’s growing digital labour sector, including ride-hailing drivers, content moderators, business process outsourcing (BPO) workers and other technology-sector employees.
They had argued that the proposed law could weaken protections for workers and shield multinational technology firms from accountability. However, the court held that the legislation had not yet passed through the full legislative process to become law, therefore the case was anticipatory.
“In light of the doctrines of jurisdiction, ripeness, separation of powers, and constitutional avoidance, this Court finds that the present Petition is premature, speculative, and legally unsustainable,” ruled Mwamuye. Although the Bill has already passed through the Senate, the judge noted that it must still be considered by the National Assembly and, if approved, presented to the President for assent before acquiring legal force.
" The Court is persuaded that a legislative proposal, in its inchoate state, does not constitute “law” or “conduct” within the meaning of Article 165(3)(d) so as to found a justiciable controversy. Any challenge mounted at this stage is necessarily anticipatory and speculative," the court found.
The ruling centred largely on the legal doctrine of ripeness, which requires courts to hear disputes only when they have matured into concrete controversies rather than hypothetical future grievances. Justice Mwamuye warned that halting the Bill while it remains under consideration would amount to an intrusion into Parliament's constitutional role and could undermine the checks and balances built into Kenya's bicameral legislative system.
The petitioners had claimed they had submitted memoranda and recommendations to the Senate during the legislative process but that their views were never meaningfully considered.