Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

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

Article 25 of the Convention. Penal sanctions for the illegal exaction of forced labour. Over a number of years, the Committee has been referring 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 has noted the Government’s assurances that this provision would be amended and brought into full compliance with the Convention. In its 2003 report, the Government indicated that amendments to section 266 would be deliberated by the task force on the review of labour laws.

While noting the Government’s intention to amend this provision, the Committee observes that the Government’s latest report contains no new information on this subject. It therefore requests the Government to provide information on the deliberations of the amendments by the task force referred to above and expresses firm hope that section 266 will soon be amended so as to ensure, in conformity with Article 25 of the Convention, that the illegal exaction of forced or compulsory labour is punishable as a penal offence and that the penalties imposed are really adequate. The Committee asks the Government to supply a copy of the amendments, as soon as they are adopted.