Observation (CEACR) - adopted 1997, published 86th ILC session (1998)

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

Minimum age for employment or work

Further to its previous comments, the Committee notes from the Government's report that a task force appointed to review legal instruments on labour has agreed to amend section 2 of the Employment Act to define a "child" as a person under 15 instead of 16 years, and that this would result in lowering the minimum age for employment or work under the Employment Act to 15 years. The Committee recalls that Kenya specified 16 years as the minimum age for admission to employment or work under Article 2(1) of the Convention at the time of ratification. The Committee draws the Government's urgent attention to the serious discrepancy between the national legislation and the provisions of the Convention which the proposed amendment of the Employment Act would cause: Article 2(2) allows ratifying States to declare a minimum age higher than that initially specified but permits in no case the lowering of the declared minimum age. Member States, by ratifying the Convention, undertake the obligation by virtue of Article 1 to raise progressively the minimum age for admission to employment or work. The Committee requests the Government to indicate any measures taken or envisaged to maintain the legislative conformity with the Convention.

National policy on child labour

The Committee notes the draft child labour policy, attached to the Government's report, to ensure the effective abolition of child labour with the help of the International Programme on the Elimination of Child Labour (IPEC). It also notes that this draft has been forwarded to the National Assembly for consideration and adoption. The Committee requests the Government to continue to supply information on developments in this draft child labour policy as well as on concrete measures taken and their effect on the application of the provisions of the Convention.