National Legal Framework for Equal Social Security Rights and Protection of Migrant Workers within the East African Community Law

Abstract

This article examines the legal framework for protection of social security rights of cross-border migrant workers in Kenya in the light of supranational legal rules streaming from the East African Community Treaty. It focuses on how the Kenya National Social Security Fund Act, 2013 complies with the Treaty and the Common Market Protocol. It investigates how far Kenya has gone in removing legal restrictions against equal access to social security rights as between national workers and cross-border migrant workers in line with the provisions of the EAC Treaty and the CMP. Challenges standing in the way of legal protection of migrants' rights to equal social security benefits in the framework establishment of the Treaty are examined. Data for this paper is based on doctrinal research. The results of this study shows that Kenya has made significant strides towards constitutional incorporation of the social economic rights and harmonisation or approximation of its previously inconsistent national social security laws so as to conform to EAC Treaty. The article reveals that Kenya is not capable of efficiently moving alone in implementation of the Treaty. It is recommended, inter alia, that in order to comply with the EAC law, Kenya and all other EAC Partner States need to put in place social security legal framework that is closely coordinated so as to eliminate unequal treatment in social security systems. Kenya should engage all EAC Partner States to adopt, conform and enact efficient social security laws that effectively implement the EAC Treaty obligations.