Observation (CEACR) - adopted 1995, published 83rd ILC session (1996)

Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Kenya (Ratification: 1964)

The Committee notes the information supplied by the Government in its report.

Articles 4 and 6 of the Convention. With regard to the question of the need to allow the establishment of a trade union to cater for the civil service on all issues relating to collective bargaining on terms and conditions of employment of this category of public employees, the Committee notes the Government's indication in its report that it is still examining the report submitted by a tripartite committee appointed to inquire into the question of the opportuneness to allow the establishment of a trade union for public officials to negotiate wages and terms and conditions of employment.

The Committee expresses the firm hope that, aside from the inquiry carried out by the above tripartite committee, the Government will take the necessary measures to ensure that public employees (with the sole possible exception of those engaged in the administration of the State) benefit from the guarantees laid down in the Convention and are therefore able to negotiate collectively their terms and conditions of employment, which presupposes the recognition of their right to establish and join organizations of their own choosing.

The Committee urges the Government to take measures in this respect without delay in order to bring its legislation into full conformity with Articles 4 and 6 of the Convention, and to provide information in this regard in its next report.