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

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

Article 2 of the Convention. The Committee notes the Government's indication in its report that a bill is being prepared by the Ministry of Education to introduce legislation making primary education compulsory. It asks the Government to continue to supply information on developments in this regard.

With reference to its previous comments, the Committee notes that the proposed Act amending the Employment Act does not contain any provisions to extend the application of the minimum age for employment to all sectors of the economy. However, it also notes the statement of the Government in its report that the task force being appointed to review labour legal instruments is still continuing its work. The Committee hopes that the task force will take necessary measures to expand the application of the minimum age for employment to all sectors of economy. It asks the Government to continue to supply information on any progress made in this respect.

Article 3. The Committee notes the information provided in the Government's report that a National Tripartite Commission to advise on policy implementation is being established and that consultation with the employers' and workers' organizations will be made by this Commission to determine the types of work that are prohibited for young persons under 18 years of age as being prejudicial to their health, safety or morals. Noting the Government's recognition expressed in the draft child labour policy (6.0 policy objectives) that it is essential to remove and prohibit children from engaging in occupations which are hazardous to their health, safety and welfare, the Committee hopes that this Commission will be appointed and will take necessary measures to ensure the requirements of the Convention in the near future. It also asks the Government to continue to supply information in this regard.

Article 7. The Committee previously noted the Government's statement that it did not consider it time yet to pass legislation on the employment of children under 15 on light work. It recalls however that section 3 of the Employment (Children) Rules of 1977 already allows the employment of children with a prior written permission of an authorized officer. The only restrictions are that such employment should not cause the child to reside away from parents without approval, that permission for work in a bar, hotel, restaurant, etc. needs the consent of the Labour Commissioner, and that such permits should be annually renewed. The Committee again points out that this section of the Rules is not in conformity with the Convention on several aspects: firstly, whilst the Convention allows, under Article 7(1), the admission to light work of persons only from 13 years of age, the above Rules do not limit the age of the children that may be employed; secondly, Article 7(1) and (3) permits the employment of children under the general minimum age only in regard to light work (that is, not likely to be harmful to their health or development and not such as to prejudice their school attendance or their capacity to benefit from the instruction received), which should be determined by the competent authority. The above Rules do not even limit such employment of under-age children to light work, but only provide for the above-mentioned conditions; and thirdly, also under Article 7(3) of the Convention, the competent authority should prescribe the number of hours and the conditions of such employment or work. In the absence of a reply to this comment in the Government's report, the Committee requests the Government to indicate any measures taken or envisaged to bring the national legislation into line with the Convention also regarding these points.

Application of the Convention in practice. The Committee notes the Government's intention to carry out a national survey on child labour (5.2 of the draft child labour policy). It requests the Government to supply information on such a survey when it is carried out.

The Committee also notes the information contained in the attached draft child labour policy that, according to the estimation, there are about 3 million children working in different sectors of the economy. However, it notes that no information on the permissions granted under section 3 of the Employment (Children) Rules of 1977, is communicated. The Committee asks the Government to continue to provide information on the application in practice of the national legislation that gives effect to the provisions of the Convention, including in particular information on the permissions granted under section 3 of the Employment (Children) Rules of 1977.