Direct Request (CEACR) - adopted 1990, published 77th ILC session (1990)

Minimum Age Convention, 1973 (No. 138) - Kenya (Ratification: 1979)

Article 2, paragraphs 1 and 3 of the Convention. Further to its previous direct request, the Committee notes that the Government has abandoned its proposal to amend section 2 of the Employment Act defining a child as a person under the age of 16 years, in conformity with its declaration made in ratifying the Convention. However, in order to apply the Convention fully, the minimum age of 16 years which, at present, only applies to industrial undertakings, should be extended to employment or work in any occupation. The Committee trusts that the Government will indicate the steps taken in this regard.

Article 3. The Committee notes again the Government's statement that young persons under the age of 18 years are normally not admitted to the employment or work covered by this Article. It hopes therefore that the necessary measures will be taken to bring the legislation into conformity with the Convention by determining, after consultation with the organisation of employers and workers concerned, the types of work prohibited to young persons under 18 years of age as being prejudicial to their health, safety or morals, so as to leave no doubt or uncertainty as regards the application of this Article.

Article 6. Noting the Government's explanations and the provisions of the Employment Act (in particular section 25(2)) exempting apprentices or indentured learners from the minimum age of admission to work, the Committee asks the Government to indicate measures taken, or contemplated, in accordance with Article 6, to prohibit such work by persons under the age of 14 years in undertakings.

Article 7. With reference to the Government's previous report indicating that in the agricultural sector employment of persons below 16 years takes place, particularly during the peak season, subject to the approval of the labour officer, the Committee again requests the Government to indicate the measures taken or envisaged to limit the employment of children below the prescribed minimum age to the cases and conditions provided for in Article 7 of the Convention.