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

Workmen's Compensation (Accidents) Convention, 1925 (No. 17) - Kenya (Ratification: 1964)

The Committee notes that the Government is in the process of amending the Work Injury Benefits Act, 2007 (WIBA, 2007) so as to align it with the National Constitution of 2010 and the National Occupational Safety and Health Policy, as well as with the Convention, where necessary. The Committee also notes the annual report of the Directorate of Occupational Safety and Health Services provided by the Government in appendix to its report. According to this report, there are about 140,000 workplaces in the formal sector, while the total workforce in Kenya is estimated at 10.3 million in both formal and informal sectors. However, only a total of 6,023 accidents were reported during the year (249 of which were fatal). The report explains in this respect that whereas reporting of occupational accidents is a requirement under the WIBA, 2007 reporting remained poor and in most cases not done within the stipulated time. In addition, non availability of transport for field stations, inadequate financing and staffing to deal with increasing workload, together with the need to provide continuous technical training for occupational safety and health officers were identified as major challenges.

Taking note of the above, the Committee wishes to acknowledge the importance for the application of the Convention in practice of strengthening the human and material resources made available to the competent authorities in charge of monitoring the implementation of the national legislation in the area of employment injuries. The Committee considers in this respect that the work injury benefits scheme in Kenya which settles 768 compensation cases per year for a workforce of over 10 million does not appear to fulfil the objective of the Convention of providing compensation to all workers who suffer personal injury due to an industrial accident. The Committee therefore requests the Government to provide information on any measures taken or envisaged in this respect in the light of the main conclusions of the report of the Directorate of Occupational Safety and Health Services.