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

Labour Clauses (Public Contracts) Convention, 1949 (No. 94) - Kenya (Ratification: 1964)

Article 2 of the Convention. Insertion of labour clauses in public contracts. Further to its previous comment, the Committee notes the Government’s indication that there may well be a discrepancy between the fair wages clause included in the Standard Tender Document for Procurement of Works (Roads, Bridges, Water and Other Civil Engineering Works) issued under the Public Procurement and Disposal Act, 2005, and the fair wages clause provided for in paragraph 7 of the Standard Contract Form (1970 edition) to which reference was made in earlier reports. The Committee also notes the Government’s statement that the differences to which the Committee has been drawing attention will be addressed as the Public Procurement and Oversight Authority (PPOA) finalizes the new bidding documents. The Committee accordingly requests the Government to take appropriate steps to ensure that the new bidding documents issued under the Public Procurement and Disposal Act, 2005 contain labour clauses fully aligned with the provisions of Article 2 of the Convention and to transmit copies of these documents once they have been finalized.