Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

Minimum Wage Fixing Convention, 1970 (No. 131) - Kenya (Ratification: 1979)

Article 4 of the Convention. Minimum wage fixing machinery. The Committee notes the Government’s explanations concerning the composition and functions of the general wages councils (GWC) and the agricultural wages councils (AWC), which were established pursuant to section 43(1) of the Labour Institutions Act, 2007. It also notes that the National Labour Board, though not directly involved in wages issues, is the overarching body overseeing the wage councils. In addition, the Committee notes the Regulation of Wages (Agricultural Industry) (Amendment) Order 2012 and the Regulation of Wages (General) (Amendment) Order, 2012, which have raised the statutory minimum wage rates by 13 per cent. More concretely, in the agricultural sector – the lowest paid category of workers – unskilled employees had their monthly wages raised from 3.765 Kenya shillings (KES) in 2011 to KES4.258 (approximately US$51) in 2012 while the highest paid category in the formal sector had their monthly wages increased from KES17.118 in 2011 to KES19.360 (approximately $230) in 2012.

Moreover, the Committee notes the recent establishment of the Salaries and Remuneration Commission, provided for in section 230(1) of the Constitution, with a view to setting and regularly reviewing the remuneration and benefits of all public employees. The Committee understands that the Commission has issued draft regulations or guidelines indicating, among others, how the workers’ unions are expected to relate with the Commission. The Committee requests the Government to provide more detailed information on the manner in which the Salaries and Remuneration Commission ensures that representative organizations of public employees are fully consulted and directly participate in all stages of the minimum wage fixing process, as required under this Article of the Convention. The Committee also requests the Government to transmit a copy of any relevant regulations or guidelines that may have been issued so far.

Article 5 and Part V of the report form. Application in practice. The Committee notes the Government’s indication that the application of the minimum wage legislation is still a challenge in view of the under-staffing of the labour inspectorate. The Committee would appreciate if the Government would continue to provide up-to-date information on the practical application of the Convention, including, for instance, the minimum wage rates currently in force, statistics on the evolution of statutory minimum wages as compared to the evolution of economic indicators such as the consumer price index in recent years, labour inspection results, and copies of official studies on minimum wage policy issues.