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Based on this landmark decision, the Kenyan employment landscape must pay attention to avoid unfair and discriminatory practices by employing qualified teachers as interns. Though it is seemingly related to teachers, the ruling has far-reaching implications for employers across various sectors
A recent ruling by the Employment and Labour Relations Court of Kenya marks a significant milestone in the country’s employment landscape. It seeks to increase internships and employment.
Based on this landmark decision, the Kenyan employment landscape must pay attention to avoid unfair and discriminatory practices by employing qualified teachers as interns. Though it is seemingly related to teachers, the ruling has far-reaching implications for employers across various sectors.
The ruling answers one fundamental question: Should interns be considered employees under Kenyan law, especially when they perform duties that align with their qualifications? The court’s answer was unequivocal.
It ruled that the practice of employing qualified teachers as interns violates their rights to fair labor practices and equal treatment—rights that are enshrined in Kenya’s Constitution and supported by various international conventions. The court has reiterated a key legal principle: interns should be regarded as employees, particularly those performing full duties that align with their qualifications.
This decision aligns with the broader purpose of employment law, which is to safeguard workers’ rights and ensure fair treatment within the workplace.
The practice of labelling qualified professionals as interns to avoid the obligations and protections afforded to employees under the law is not only unethical but also illegal. This is supported by key legal frameworks, including the Employment Act, CAP 226, the Constitution, alongside international labour standards, highlights the importance of safeguarding workers from exploitative practices.
For employers, this decision serves as a critical reminder that the right to fair labour practices is non-negotiable. Employers must be vigilant to ensure their contractual arrangements do not infringe on the rights of their employees, particularly those who are vulnerable, such as interns and trainees.
The ruling makes it clear that attempts to disguise employment relationships to circumvent legal responsibilities will not withstand legal scrutiny.
This judgment has broader implications, particularly in sectors where internships, learnerships, and apprenticeships are commonplace. These arrangements are essential for skills development in our economy, but they must not be used as a means to exploit workers. The ruling aligns with international standards, including the International Labour Organisation’s Quality Apprenticeships Recommendation, which advocates for equitable treatment of apprentices and permanent employees.
As the dust settles, the influence this move has on future employment practices in Kenya cannot be overstated. Employers are now on notice: the defense of freedom of contract cannot be used to justify practices that infringe on the right to fair labor practices.
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The court has affirmed that employment is determined by the realities of the working relationship, not merely by the terms of a contract. Any attempt to structure employment agreements in a way that undermines legal and constitutional protections will be subject to rigorous scrutiny under the principles of social justice that underpin our employment laws.
