What Kenya's workplace crèche mandate means for motherhood
AFRICA
4 min read
What Kenya's workplace crèche mandate means for motherhoodThe government's decision to crack down on workplaces that bypass legally mandated childcare support marks an overdue shift from symbolic promise to safeguarding the rights of working mothers.
Kenya's ministry of health has made it clear that crèches at workplaces employing women aren't optional any more. / Reuters
20 hours ago

Fridah Archie knows what it takes to be a working mother in Kenya. She might even tell you about how much she struggled to balance the grind of new motherhood and professional commitment in the first few months since returning to work after childbirth. 

For six months after each of her two sons was born, Frida would rush home from work every few hours to breastfeed, then hurry back to her desk. Sometimes, her body would almost give up trying to keep pace with the brutal schedule.

"If only I had a place at work where my child could be looked after, it would have been easier," she tells TRT Afrika.

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Thousands of mothers suffering what Fridah did have welcomed the William Ruto government's decision to start a nationwide crackdown this month against public institutions that have failed to implement a law requiring them to set up childcare centres, or crèches, for female employees.

The announcement comes as a relief for mothers who have to leave their toddlers at home, often without any support, when they go to work.

Fundamental right

The Kenyan ministry of health has made it clear that crèches at workplaces employing women aren't optional any more.

The enforcement order specifically targets workplaces, including schools and civil service offices, that don't yet provide safe, reliable childcare facilities despite existing legislation mandating it.

Across the public sector, poor implementation of this aspect of the country's maternity laws has left working mothers juggling impossible schedules, creating stress for them and their children, and triggering operational disruptions.

Mary Muthoni, principal secretary of the State Department for Public Health and Professional Standards, mentioned during her year-end address last December that too many institutions had treated the law as a suggestion rather than an obligation.

"That idea is wrong. This law is not optional," Muthoni said. "From January, we will fully implement it to protect working mothers and their children."

The Kenya Health Act, 2017, mandates childcare centres across all institutions as part of a larger strategy to enforce a unified health system, operationalise the constitutional right to health, and coordinate national and county government responsibilities.

"Every company and public institution in this country must establish a childcare centre," Muthoni said. "This is what the law says."

Workplace absenteeism

Research data from the International Labour Organisation and the International Finance Corporation shows that inadequate childcare significantly affects female workforce participation.

Since women spend disproportionately more time on unpaid care work than men, it limits their access to employment, education and career progression.

The studies also demonstrate that workplace childcare facilities, including breastfeeding rooms and daycare centres, correlate with higher rates of exclusive breastfeeding and better retention of young mothers in companies and other organisations.

Without these services, absenteeism among new mothers is high across sectors. As productivity declines, the potential for job loss increases disproportionately as female workers struggle to manage childcare alongside work demands.

Fridah hopes the new initiative for enforcement extends beyond the public sector.

"I wish the government would follow up on implementation of the law in non-government offices," she tells TRT Afrika.

Muthoni has since confirmed that the law applies universally, covering both public and private institutions.

Regional precedent

While implementation of workplace childcare policies is patchy across East Africa, most countries are looking to strengthen legislation.

In Uganda, the Employment (Amendment) Bill 2022 proposes concessions and facilities for childcare and breastfeeding requirements. The legislation is awaiting presidential approval.

Tanzania's labour laws extend concessions to young parents but don't explicitly mandate childcare services like in Kenya.

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Rwanda has expanded early-childhood development centres and "mothers' rooms" through private-sector programmes rather than legal obligations.

In sub-Saharan Africa, no country yet requires employers to build or operate childcare facilities across all workplaces.

This makes Kenya's enforcement initiative a potentially groundbreaking move for the region as a whole. Campaigners believe the initiative would set a benchmark for gender-sensitive workplace policies, demonstrating that legal commitments to working mothers require tangible infrastructure and genuine oversight.

SOURCE:TRT Afrika