Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

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

The Committee has noted the information supplied by the Government in reply to its earlier comments. It has noted, in particular, the Government’s explanations concerning the application of provisions governing the resignation of officers of the armed forces contained in the Armed Forces Act (Cap. 199).

Article 25 of the Convention. 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. On many occasions the Government expressed its intention to amend this provision, so as to bring it into full compliance with the Convention. In its latest report the Government indicates that amendments to section 266 will be deliberated by the task force on the review of labour laws.

The Committee trusts that section 266 will at last be amended so as to ensure, in conformity with Article 25, that the illegal exaction of forced or compulsory labour is punishable as a penal offence and that the penalties imposed are really adequate. It requests the Government to supply a copy of the amendments, as soon as they are adopted.