Direct Request (CEACR) - adopted 1991, published 78th ILC session (1991)

Forced Labour Convention, 1930 (No. 29) - Kenya (Ratification: 1964)

The Committee notes the information provided by the Government in its report and in the annexed documentation.

1. The Committee notes that under section 170 of the Armed Forces Act (Chapter 199) a commission may be either a regular commission or a short service commission not exceeding five years. It also notes that under section 174 of the Act a person may enlist in the armed forces for a term of up to 12 years; a person who has not attained the age of 18 years at the time of his enlistment may enlist with the consent of his parents or guardian for a period of up to 12 years after he attains the age of 18 years. The Committee further notes that under section 177 of the Act a serviceman may claim discharge within three months after the date of his attestation, on payment of 200 shillings.

Referring to paragraphs 67 to 73 of its 1979 General Survey on the Abolition of Forced Labour the Committee requests the Government to provide information on the possibilities for an officer to resign his commission before the legal retirement age, and for a serviceman to make an application for discharge before the term of his enlistment period ends, and to provide a copy of any regulations or instructions to this effect.

2. The Committee hopes that the Government will supply a copy of the Gazetted Police Forces Act.

3. The Committee requested the Government to provide information on the practical application of the provisions of section 266 of the Penal Code under which any person who unlawfully compels any person to labour against the will of that person is guilty of a misdemeanour, and in particular on any legal proceedings introduced or penalties imposed in application of that section.

While noting with interest the Government's indication in its report that the 25 year old Constitution guarantees fundamental human rights and provides protection against the use of forced labour, the Committee would appreciate information on the practical application of the above-mentioned section 266 of the Penal Code.