Observation (CEACR) - adopted 1999, published 88th ILC session (2000)

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

The Committee notes the Government's report.

Articles 4 and 6 of the Convention. Right to bargain collectively of public employees not engaged in the administration of the State and registration of the Kenya Civil Servants' Union. The Committee notes with regret the Government's statement that to date the Civil Servants' Union has not been registered and that therefore it finds it impossible to state who is entitled to membership in the union and in what activities they are permitted to participate. Given that the Convention was ratified 35 years ago, the Committee urges the Government to take measures to bring its legislation into full conformity with Articles 4 and 6 of the Convention 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, in particular the right to negotiate collectively their terms and conditions of employment. The Committee requests the Government to indicate in its next report the specific measures it has taken in this regard.