Observation (CEACR) - adopted 2004, published 93rd ILC session (2005)

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

Articles 4 and 6 of the Convention. The Committee notes the Government’s report as well as the comments from the International Confederation of Free Trade Unions (ICFTU). The Committee had trusted that the Government would take the necessary measures to ensure that public employees (with the possible exception of those engaged in the administration of the State) benefit from the guarantees laid down in the Convention, and in particular the right to collective bargaining. The Committee takes note of the Memorandum of Understanding concluded on 14 May 2004 between the Government and the Union of Civil Servants concerning recognition, negotiating and grievance procedures for civil servants. The Committee notes with interest that the Memorandum provides for collective bargaining machinery for negotiation of terms and conditions of employment. The Committee notes, however, that it does not apply to employees of the Prison Department, the National Youth Service and Teachers under the Teachers Service Commission. While recalling that these categories should enjoy the right of collective bargaining, the Committee requests the Government to indicate if they can negotiate under other legislative provisions. The Committee requests the Government to keep it informed of any amendment to the legislation in relation to the right to collective bargaining of public employees covered by the Convention.

The Committee is addressing a request on this matter directly to the Government.