Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Minimum Age Convention, 1973 (No. 138) - Kenya (Ratification: 1979)

The Committee takes note of the Government’s report as well as of the detailed discussion which took place at the 102nd Session of the Conference Committee on the Application of Standards in June 2013 concerning the application by Kenya of Convention No. 138.

Article 2(3) of the Convention. Age of completion of compulsory schooling. The Committee had previously noted that, under section 7(2) of the Children’s Act, every child shall be entitled to free basic education which shall be compulsory. It had noted the Government’s indication that the average age for completing free primary education is 14–16 years. The Committee had also noted the Government’s statement that, in order to address the gap between the minimum age for admission to employment and the age of completion of compulsory schooling, the Government had waived the tuition fees for the first two years of secondary schooling. The Committee had further noted the information provided by the Government representative of Kenya to the Conference Committee in June 2006 concerning the application of Convention No. 138 that it had appointed a committee to review the Education Act with a view to modifying, inter alia, the age of completion of compulsory schooling.

The Committee notes the statement made by the Government representative of Kenya to the Conference Committee on the Application of Standards in June 2013 that the Basic Education Act seeks to capture the requirements of the Convention and the concerns of the Government that all children, including those who commenced school after the required age or dropped in and out of school, were able to gain access to free and compulsory education and were at the same time protected against child labour.

The Committee notes that section 28(1) of the Basic Education Act of 2013 (Education Act) establishes the right of every child (defined as a person not having attained the age of 18 years) to free and compulsory basic education. Section 30 of the Education Act states that every parent whose child is born in Kenya or resides in Kenya shall ensure that the child attends regularly as a pupil at a school or such other institution as may be authorized and prescribed by the Cabinet Secretary. In addition, sections 29, 32 and 33 of the Education Act state that no child shall be required to pay tuition fees at school nor should a child be denied admission on the ground of lack of proof of age. The Committee also notes that, according to section 38 of the Education Act, no person shall employ a child of compulsory school age in any labour or occupation that prevents children from attending school. Moreover, the Education Act provides for penalties for a parent or any other person who violates the provisions of sections 30 and 38. The Committee further notes that, according to the Kenya National Bureau of Statistics Facts and Figures of 2012, the enrolment rates at the primary level and secondary level increased from 8,831,400 in 2009 to 9,857,900 in 2011 and from 1,507,500 in 2009 to 1,767,700 in 2011, respectively. Considering that education is one of the most effective means of combating child labour, the Committee encourages the Government to strengthen its efforts to increase school enrolment and attendance rates, particularly of children up to 16 years of age. The Committee requests the Government to provide information on the measures taken in this regard and on the results achieved.