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

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

The Committee notes the information supplied by the Government concerning the resignation of gazetted police officers, and requests the Government to supply a full text of the Code of Regulations (Revised), 1992, referred to by the Government in its report. It reiterates its request for information on the matters raised in the following other points of its previous direct request: 1. In its earlier comments the Committee requested 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. The Government indicates in its latest report received in September 1996 that an officer or a serviceman cannot resign or be discharged before the term of his/her enlistment period ends, whereas in its earlier reports (e.g. the report received in January 1985) the Government confirmed the existence of the legislation which protects individual freedom of persons to leave the service at their own initiative in the public service, including the armed forces. The Committee noted that, under section 176(f) of the Armed Forces Act, a serviceman may be discharged by the competent service authority at any time during his period of colour service at his own request on compassionate grounds, and under section 177 of the same Act a serviceman may claim to be discharged at any time within three months after the date of his attestation on payment of the sum of 200 shillings, except during a state of war, insurrection, hostilities or public emergency or at a time when he is on active service. The Committee would be grateful if the Government would provide, in its next report, indications regarding the precise meaning of the term "active service" in section 177 of the Armed Forces Act. It also requests the Government once again to supply copies of provisions governing the resignation of officers of the armed forces (e.g. any regulations or instructions on this subject adopted under the Armed Forces Act). 2. In its earlier comments the Committee referred to 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. The Committee notes that, in its latest report, the Government reaffirms its intention to amend section 266 of the Penal Code, so as to bring it into full compliance with the Convention. The Government indicates that the Ministry of Labour and Manpower Development has made proposals to the Attorney General's Office to introduce such amendments. The Committee hopes that the Government will supply a copy of the revised provisions of section 266 of the Penal Code, as soon as they are adopted.