Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Kenya (Ratification: 1964)

The Committee notes the observations submitted by the International Trade Union Confederation (ITUC) received on 1 September 2014.

Articles 1 and 3 of the Convention. Protection against anti-union discrimination. In its previous observation, the Committee requested the Government to indicate the average time period of proceedings in anti-union discrimination cases. The Committee notes that the Government reiterates that the judiciary is independent of the other arms of Government in the discharge of its functions. The Committee considers that the average time of proceedings could be inferred from the content of the decisions. Recalling once again the importance of effective and rapid procedures to ensure the application in practice of legal provisions prohibiting acts of anti-union discrimination, the Committee requests the Government to indicate the average time period of proceedings for the adjudication of anti-union discrimination cases by the courts or through administrative proceedings.

Article 2. Protection against acts of interference. In its previous observation, the Committee had requested the Government to take legislative measures to ensure the application of Article 2 of the Convention. The Committee welcomes the Government’s indication that the Committee’s comments will be considered within the current review of the Labour Relations Act (LRA) 2007 and reminds the Government that it may avail itself of the technical assistance of the Office in this regard. The Committee trusts that the Government will ensure the existence of legislative provisions expressly prohibiting acts of interference contemplated in Article 2 and allowing for rapid appeal procedures, coupled with effective and dissuasive sanctions against acts of interference.

Article 6. Collective bargaining in the public sector. In its previous observation, the Committee requested the Government to provide information on: any categories of public employee for whom the minister had determined terms and conditions of employment under section 61(3) of the LRA; the establishment of collective bargaining machinery in the public sector pursuant to section 61(1) of the LRA; and the appointment, composition and functioning of the Salaries and Remuneration Commission, including its rules of procedure once adopted. The Committee notes that the Government indicates that the minister has not yet invoked section 61(3) of the LRA; and that, pursuant to section 61(1), in July 2013 the minister appointed a conciliation committee under the national Constitution (with competency in relation to the remuneration and benefits of public and state officers) to negotiate terms and conditions of service of public sector teachers who had gone on strike in relation to wages and other terms of service. The Committee requests the Government to provide a copy of the Salaries and Remuneration Commission (Remuneration and Benefits of State and Public Officers) Regulations 2013, which were not received with its latest report, and to indicate if any category of state and public officers does not fall within the ambit of the Commission. The Committee further requests the Government to provide information on any collective bargaining machinery established for the public sector pursuant to section 61(1) of the LRA, or through any other means.