Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

Paid Educational Leave Convention, 1974 (No. 140) - Kenya (Ratification: 1979)

The Committee notes the observations of the Central Organization of Trade Unions of Kenya (COTU-K), received on 1 September 2023. The Committee requests the Government to provide its comments in this respect.

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Formulation of a national policy. Article 2 of the Convention. The Committee notes the information provided in the Government’s report regarding the activities of the National Industrial Training Authority (NITA). The Government indicates that the NITA collects, manages and distributes funds from the industrial training levy, whose main purpose is to support skilling, upskilling and reskilling of workers engaged in industry. It adds that the NITA makes payments from a fund for training and education-related purposes. The Committee notes that the NITA also grants paid study leave to its employees pursuant to the guidelines set out in the Human Resource Policies and Procedures Manual for the Public Service of May 2016 and Guidelines on Managing Training in the Public Service of June 2016. The Government refers to the NITA Human Resource Policy and Procedures Manual of 2015 as the main reference document which guides the award of paid study leave to its employees. The Committee notes that, according to the information provided by the Government, the paid educational leave provided by the NITA is provided for continuing education and training, including higher education. The Committee recalls that Article 2 of the Convention requires Members to formulate and apply a policy designed to promote … the granting of paid educational leave for the purpose of: (a) training at any level; (b) general, social and civic education; and (c) trade union education. Noting that the Government does not fully respond to the Committee’s previous comments, the Committee once again requests that the Government provide information regarding the measures taken to formulate, adopt and apply a national policy to promote paid educational leave for the purposes set out in Article 2 of the Convention, including for the purpose of civic and trade union education (Article 2(b) and (c). The Committee once again invites the Government to adopt measures to create the necessary conditions for formulating and applying a national policy to promote the granting of paid educational leave, in association with the employers’ and workers’ organizations and institutions or bodies providing education and training (Article 6).