Employees at a Kilifi-based cement manufacturing facility have reached out to report that they have been performing full-time duties for extended periods while remaining classified as casual staff, in direct violation of Kenya’s Employment Act, 2007.
The Vipingo plant of Mombasa Cement Company is at the centre of these reports, with workers engaged under temporary arrangements for years while undertaking responsibilities equivalent to permanent staff without formal contractual recognition.
Affected employees indicate that compensation is provided on a daily basis while statutory deductions and relevant social benefits, are applied, but payslips or formal documentation are not issued.
This absence of transparency prevents workers from verifying their contributions or entitlements and creates uncertainty over the benefits to which they are legally entitled.
Many employees report remaining in these conditions for more than two years, representing a clear failure to transition long-term casual staff to permanent or contractual employment as required by law.
The continued reliance on casual contracts for full-time duties exposes the company to regulatory and legal action, as maintaining employees under these terms constitutes a flagrant breach of Kenya’s labour statutes.
The absence of formal documentation for statutory deductions amplifies these violations, raising the risk of enforcement measures, financial penalties, and reputational damage for the firm.
Operationally, retaining a workforce under casual arrangements while they perform full-time responsibilities reduces obligations for leave, benefits, and protections, while signalling lapses in corporate governance and internal compliance structures.
In response, the affected employees are actively appealing to the Ministry of Labour to enforce statutory employment protections, secure formal recognition for long-term casual staff, and ensure transparency in the administration of statutory deductions, demonstrating both the seriousness of the grievances and the channels through which accountability must be pursued.
These practices carry wider implications for the sector and labour market.
Prolonged casual employment without formal recognition diminishes transparency, leaves workers vulnerable to exploitation, and establishes a troubling precedent for industrial operations in the region, testing the effectiveness of oversight institutions in enforcing statutory protections.
The Kilifi plant case exemplifies the tension between operational cost control and legal compliance.
Prompt investigation and corrective action are necessary to determine whether these practices are isolated or systemic, and whether Kenya’s regulatory framework is sufficiently robust to protect employee rights in industrial settings, while sending a clear signal to other firms that violations of statutory employment obligations will not go unchecked.
We will continue to monitor this matter meticulously, tracking developments as they emerge, analyzing any new information for legal, operational, and sectoral implications, and providing comprehensive updates that capture both the evolving circumstances at the facility and the broader context within Kenya’s labour and industrial regulations.
We encourage anyone with relevant insights, firsthand knowledge, or corroborating details to come forward, enabling more insiders to speak out and ensuring the ongoing investigation remains thorough, rigorous, and transparent.
Below is the full text of the communication received from one of the affected workers.
“Good afternoon Cyprian. I am writing to confidentially report ongoing labour malpractices at Mombasa Cement Company and request that my identity be kept strictly confidential for my safety. For the past several years, the company has been engaging university graduates and other workers as casual labourers for periods exceeding two years, in direct contravention of Section 37 of the Employment Act, 2007. Despite performing full-time duties, these employees have not been transitioned to contractual or permanent employment. Workers are reportedly paid daily wages in cash, while statutory deductions, including contributions to NSSF, AFD, and SHA, are still applied. No payslips or formal documentation are issued, leaving employees unable to verify their contributions or entitlements. Many staff members have endured these conditions for over 24 months, effectively denying them their lawful employment rights and benefits. This situation has generated widespread frustration among employees and constitutes a clear violation of Kenya’s labour regulations and ethical employment standards. I respectfully request that this matter be investigated and that appropriate action be taken to ensure compliance with Kenyan labour laws and to protect the affected employees from continued exploitation. Thank you for your attention and for maintaining strict confidentiality regarding my identity.”
