Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

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

Article 25 of the Convention. Penal sanctions for the illegal exaction of forced labour. For 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 another person to labour against the will of that person is guilty of a misdemeanour. The Committee recalled that, under Article 25 of the Convention, the ratifying States must ensure that “the illegal exaction of forced or compulsory labour shall be punishable as a penal offence” and “that the penalties imposed by law are really adequate”. The Committee has noted the Government’s repeated assurances that this provision would be amended and brought into full compliance with the Convention.

The Committee previously noted the Government’s indication in its report that the task force on the review of labour laws recommended amendments to be made to section 266 of the Penal Code. It also noted that, under section 4(3) of the Employment Act (No. 11 of 2007), contravention of the provisions prohibiting forced or compulsory labour is punishable with imprisonment for a term of up to two years. In its latest report, the Government reiterates that the Committee’s concerns have been forwarded to the competent authorities and undertakes to send a copy of the amendments, as soon as they are adopted.

The Committee trusts that section 266 of the Penal Code will be amended in the near future 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 requests the Government to supply a copy of the amendments, as soon as they are adopted.