Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

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

Article 2(3) of the Convention. Age of completion of compulsory schooling. In its previous comments, the Committee noted 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. The Committee also noted 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 noted that, according to the Kenya National Bureau of Statistics Facts and Figures of 2012, the enrolment rates at the primary level and secondary level had 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.

The Committee notes with interest the Government’s information that it has established and increased funds for several social security support programmes aimed at income security to vulnerable groups of the society, including the Cash Transfer Programmes to Orphans and Vulnerable Children (CT–OVC); Urban Food Subsidy; and several bursaries such as the Presidential Bursary Scheme for Orphans and Vulnerable Children. The Government also indicates that it intends to further scale up support to all the above programmes so as to extend its benefits to more children. Thus, the CT–OVC is projected to rise from the current 353,000 beneficiaries to 503,000 beneficiaries in the 2016–17 financial year. Considering that compulsory education is one of the most effective means of combating child labour, the Committee encourages the Government to pursue its efforts to increase school enrolment and attendance rates, and reduce drop-out 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, including statistical data on the number of children enrolled at the primary and secondary schools.