Forced Labour Convention, 1930 (No. 29) - Kenya (Ratification: 1964)

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

Previous comment

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. 1. Action Plan. Implementation and monitoring. Referring to its previous comments, the Committee notes the Government’s information that within the framework of the National Plan of Action to Combat Trafficking in Persons 2013–17, 800 law enforcement and criminal justice officers as well as 60 trainers of trainers were trained and several public awareness-raising campaigns through vernacular radio stations, drama, community involvement, social media and television and print media were undertaken. The Government further indicates that the Counter Trafficking in Persons Advisory Committee has: (i) developed the draft National Plan of Action to Combat Trafficking in Persons 2021–26; (ii) introduced a module to collect data on trafficking of adults; (iii) trained about 1,700 officers in the criminal justice system and other law enforcement officers; (iv) carried out community engagement and awareness-raising programmes especially in communities vulnerable to trafficking in persons; (v) ensured that bilateral labour agreements were signed between Kenya and the United Arab Emirates, Qatar and Saudi Arabia, in order to reduce fraudulent employment opportunities abroad. The Committee encourages the Government to continue its efforts to prevent and combat trafficking in persons, and requests it to take the necessary measures to implement the National Plan of Action 202126. It requests the Government to provide information in this regard as well as on the assessment undertaken by the Counter Trafficking in Persons Advisory Committee of the results achieved and the difficulties encountered in the implementation of the National Plan of Action and the activities relating to combating trafficking in persons.

2. Protection and assistance to victims. The Committee welcomes the Government’s indication that the Counter Trafficking in Persons National Assistance Trust Fund has been operationalized and that since 2019 the Government has been providing funds to this end. The Trust Fund has been used to repatriate 81 victims of trafficking in and out of Kenya and another 30 victims of trafficking are being rehabilitated through a non-governmental organization, with support from the Trust Fund. The Government further indicates that the National Referral Mechanism Guidelines for assisting victims of trafficking, developed in 2016, have been disseminated in 23 counties.

Regarding the assistance provided to victims by the Advisory Committee, the Government states that 350 returnees from Gulf Cooperation Council countries were screened at the coastal area and potential victims of trafficking were sent to appropriate services. The existing Government facility is being refurbished to serve as a shelter for victims of trafficking. The Committee also notes that the National Employment Authority has a feature on its website for overseas workers to report exploitation, including potential trafficking crimes, and to request assistance. The National Employment Authority has also launched a toll-free helpline to enable migrant workers in distress to report their challenges and difficulties.

In this regard, the Committee notes that the United Nations Human Rights Committee, in its concluding observations of May 2021, expressed concern about Kenyan nationals, predominantly women, being coerced by employment agencies to work under exploitative conditions abroad (CCPR/C/KEN/CO/4).

The Committee requests the Government to strengthen its efforts to protect Kenyan nationals from being exploited abroad, in particular by further developing awareness activities on safe recruitment processes and monitoring the activities of employment agencies. It also requests the Government tocontinue to provide information on the measures taken to ensure that victims of trafficking in Kenya and victims returning from abroad are provided with adequate protection, assistance, rehabilitation services and compensation, as provided for under the National Referral Mechanisms Guidelines and theCounter Trafficking in Persons Act No. 8 of 2010.

3. Prosecution. In response to its previous comments, the Committee notes the Government’s information that the Police Standards of Operations (SOPS) have been prepared with the aim of guiding police officers in handling trafficking in persons cases at the pretrial stage. In addition, the Prosecutor’s Manual gives direction to prosecutors on how to categorize cases related to trafficking in persons, charge offenders and impose the appropriate penalty for each offence. The Government also indicates that Guidelines for Identification of Victims of Trafficking have been developed to help the police as well as other authorized public officers to identify, screen and interview victims of trafficking, which would eventually contribute to rescuing victims, assist in the arrest of perpetrators and ensure enough evidence for court proceedings.

The Committee also notes that the United Nations Human Rights Committee, in its concluding observations of May 2021, expressed concern at the inadequate implementation of the Counter Trafficking in Persons Act No. 8 of 2010 and at the low rate of convictions for trafficking in persons (CCPR/C/KEN/CO/4).

The Committee requests the Government to continue to take the necessary measures to ensure the adequate identification of cases of trafficking and prompt investigations so that the perpetrators are prosecuted and punished. It also requests the Government to provide statistical information in this regard, including on the number of persons prosecuted and convicted and the nature of the penalties applied.

Articles 1(1) and 2(1). Compulsory labour in connection with the conservation of natural resources. For a number of years, the Committee has been requesting the Government to amend sections 13–18 of the Chief’s Authority Act (Cap. 128), as amended by Act No. 10 of 1997, which go beyond the exception provided for under Article 2(2)(e) of the Convention concerning “minor communal services”. Under sections 13–18 of the Act, able-bodied male persons between 18 and 50 years of age may be required to perform any work or service in connection with the conservation of natural resources for up to 60 days in any year.

The Committee notes the Government’s statement that the Chief’s Authority Act was repealed and replaced by the Fair Administrative Act No. 4 of 2015. The Committee, however, observes that the Fair Administrative Act No. 4 of 2015 does not explicitly refer to or repeal the Chief’s Authority Act, and that the copy of the Chief’s Authority Act, Revised Edition 2017, communicated by the Government, retains the above-mentioned sections 13–18. The Committee therefore requests the Government to indicate the specific provisions which repeal sections 13–18 of the Chiefs’ Act or otherwise to take the necessary measures to ensure that these sections are repealed, in order to bring the legislation into conformity with the Convention and with practice, since the Government previously indicated that these provisions had never been enforced.

Article 25.Adequate penalties for the exaction of forced labour. The Committee has previously referred to section 266 of the Penal Code, under which any person who compels a person to labour is guilty of a misdemeanour, punishable with imprisonment for a term not exceeding two years or with a fine, or with both (section 36). However, if this offence is committed for the purpose of exploitation, the person committing the offence shall be charged with the appropriate offence as specified in the Counter Trafficking in Persons Act (section 266A). According to section 3 of the Counter Trafficking in Persons Act, the offence of trafficking in persons for the purpose of exploitation is punishable with imprisonment for a term of not less than 30 years or to a fine, or to both. The Committee takes due note that in its report on the application of the Worst Forms of Child Labour Convention, 1999 (No. 182), the Government indicates that it has drafted an amendment to the Counter Trafficking in Persons Act to remove the option of a fine in lieu of imprisonment.

In this regard, the Committee recalls that when the sanctions envisaged to punish forced labour consist of a fine or a very short prison sentence, they do not constitute an effective sanction considering the seriousness of the violation and the fact that the sanctions need to be sufficiently dissuasive. The Committee therefore urges the Government to take the necessary measures to adopt the amendment to the Counter Trafficking in Persons Act so as to ensure that trafficking can not be punished with a simple fine. It also requests the Government to clarify how the provisions of section 266 and section 266A are applied in practice, giving examples of court decisions handed down on the basis of these sections and indicating the type of penalties imposed.

Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. 1. Law enforcement measures. The Committee previously noted the adoption of the Counter Trafficking in Persons Act, No. 8 in 2010, as well as the establishment of the Counter Trafficking in Persons Advisory Committee in 2014. The Committee requested the Government to continue to provide information on the measures taken to combat trafficking in persons. It also requested the Government to provide information on the measures taken to implement the 2013–17 National Plan of Action for Combatting Trafficking; and the results achieved in combatting trafficking in persons, including information on the number of investigations carried out, convictions and the penalties imposed on perpetrators.

The Committee notes that the Government once again refers in its report to the establishment in 2014 of the Counter Trafficking in Persons Advisory Committee and to its functions. The Committee also notes the Government’s indication that, the Advisory Committee meets on a quarterly basis to discuss and deliberate issues of prevention, protection and rehabilitation of victims of trafficking in persons. In collaboration with various international agencies, the Advisory Committee has received considerable training on counter-trafficking and has also in turn conducted the same among non-state actors, thereby increasing their level of awareness. The Government also refers to the 2013–17 National Plan of Action for Combatting Trafficking and indicates that, in 2014, it revoked all accredited certificates issued to private employment agencies to better regulate foreign contracts for Kenyans working in the Middle East. While noting this information, the Committee requests the Government to provide updated information on the measures taken to implement the Counter Trafficking in Persons Act No. 8, including the activities of the Counter Trafficking in Persons Advisory Committee. It also requests the Government to provide information on the results achieved in implementing the 2013–17 National Plan of Action for Combatting Trafficking. Lastly, the Committee once again requests the Government to provide information on the number of investigations carried out, convictions and the penalties imposed on perpetrators.

2. Protection and assistance to victims. The Committee notes that the Government indicates that the Counter Trafficking in Persons National Assistance Trust Fund is yet to be launched and is therefore not operational, and that the Advisory Committee is also working on the modalities of setting up a rehabilitation system for victims. The Committee requests once again the Government to provide information on the specific measures taken and concrete results achieved with regard to the protection, assistance and rehabilitation of victims of trafficking. Please also indicate whether the Counter Trafficking in Persons National Assistance Trust Fund has become operational, and if so, the manner in which it guarantees the protection of victims of trafficking.

The Committee notes an absence of information on this point in the Government’s report. The Committee hopes once again that section 266 of the Penal Code will be either repealed or amended, to ensure that the exaction of forced labour is punishable as a penal offence and that the penalties imposed are adequate. The Committee requests the Government to provide information on the progress made in this regard.

Articles 1(1) and 2(1). Compulsory labour in connection with the conservation of natural resources. For a number of years, the Committee has been referring to sections 13–18 of the Chief’s Authority Act (Cap. 128), as amended by Act No. 10 of 1997, according to which able-bodied male persons between 18 and 50 years of age may be required to perform any work or service in connection with the conservation of natural resources for up to 60 days in any year. The Committee previously noted the Government’s indication that sections 13–18 of the Chief’s Authority Act referred to above had never been enforced and that the Chief’s Authority Act would be replaced by the Administrative Authority Act. The Government stated that the Administrative Authority Bill which was intended to replace the Chief’s Authority Act had been published and submitted to Parliament for debate and enactment. It also undertook to communicate a copy of the new Act, once it was approved.

The Committee notes once again an absence of information on this point in the Government’s report. The Committee once again trusts that the Administrative Authority Act, which is intended to replace the Chief’s Authority Act, will be adopted in the near future and that the legislation will be brought into conformity with the Convention and indicated practice. It requests the Government to supply a copy of the Administrative Authority Act, as soon as it is adopted.

Adequate penalties. The Committee previously hoped that section 266 of the Penal Code, under which compelling a person to labour is punishable with a misdemeanor will be either repealed or amended, to ensure that the exaction of forced labour is punishable as a penal offence and that the penalties imposed are adequate.

Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. 1. Law enforcement measures. The Committee previously noted the Counter Trafficking in Persons Act, No. 8 of 2010, and requested the Government to provide information on its application in practice.

The Committee notes the Government’s indication in its report that the Counter Trafficking in Persons Advisory Committee was established in 2014. Its functions include the following: (i) advising the Government on inter-agency activities to combat trafficking; (ii) implementing preventive, protection and rehabilitation programmes; (iii) developing regulations and guidelines to implement a national action plan; and (iv) establishing an assistance fund for the victims of trafficking in persons. Since its launch, the Advisory Committee has taken a certain number of initiatives, including (i) the training of police officers; (ii) the development of a Counter Trafficking in Training Manual for prosecutors, and (iii) the development of the Standard Operating Procedures for the identification of victims of trafficking to enhance reporting for purposes of investigations and prosecutions.

The Government also indicates that a National Plan of Action for Combating Trafficking was adopted for the period of 2013–17. It envisages action in specific areas, such as capacity building for service providers, raising public awareness, data collection and research, among others. Moreover, the Government states that in 2014, it revoked all registration of all private employment agencies dealing with foreign contracts for Kenyans to the Middle East. The agencies were required to apply for registration anew under the new regulations of 2016 and to go through vetting to ensure compliance and to safeguard against trafficking in persons.

The Committee requests the Government to continue to provide information on the measures taken to prevent, suppress and punish trafficking in persons. It also requests the Government to provide information on the measures taken to implement the 2013–17 National Plan of Action for Combatting Trafficking. Lastly, the Committee requests the Government to provide information on the results achieved in combatting trafficking in persons, including information on the number of investigations carried out, convictions and the penalties imposed on perpetrators.

2. Protection and assistance to victims. The Committee notes the Government’s indication that, in 2015 it appointed the board of trustees to oversee the Counter Trafficking in Persons National Assistance Trust Fund. The Fund is yet to be launched and is therefore not operational. This is due to constraints in resources as it is yet to receive any allocations from the Treasury. The Advisory Committee is currently working on the modalities of setting up a rehabilitation system for victims. The Committee requests the Government to provide information on the specific measures taken and concrete results achieved with regard to the protection, assistance and rehabilitation of victims of trafficking. Please also indicate whether the Counter Trafficking in Persons National Assistance Trust Fund has become operational, and if so, the manner in which it guarantees the protection of victims of trafficking.

3. Adequate penalties. The Committee previously observed that although the Counter-Trafficking in Persons of 2010, amended the Penal Code by inserting a new section 266A which provides for penal sanctions for the offence of exploitation, section 266 of the Penal Code, under which compelling a person to labour is punishable with a misdemeanour is still applicable. The Committee requested the Government to take the necessary measures to either repeal or amend section 266 of the Penal Code.

The Committee notes the Government’s indication that section 266 of the Penal Code is yet to be repealed. The Government also refers to section 36 of the Penal Code which provides that when no punishment is specially provided for any misdemeanour in the Penal Code, it shall be punishable with imprisonment for a term not exceeding two years or with a fine, or with both. It also indicates that the needed amendment has been noted. The Committee hopes once again that section 266 of the Penal Code will be either repealed or amended, to ensure that the illegal exaction of forced labour is punishable as a penal offence and that the penalties imposed are adequate. The Committee requests the Government to provide information on the progress made in this regard.

Articles 1(1) and 2(1). Compulsory labour in connection with the conservation of natural resources. For a number of years, the Committee has been referring to sections 13–18 of the Chief’s Authority Act (Cap. 128), as amended by Act No. 10 of 1997, according to which able-bodied male persons between 18 and 50 years of age may be required to perform any work or service in connection with the conservation of natural resources for up to 60 days in any year. The Committee previously noted the Government’s indication that sections 13–18 of the Chief’s Authority Act referred to above had never been enforced and that the Chief’s Authority Act would be replaced by the Administrative Authority Act. The Government stated that the Administrative Authority Bill which was intended to replace the Chief’s Authority Act had been published and submitted to Parliament for debate and enactment. It also undertook to communicate a copy of the new Act, once it was approved.

The Committee notes an absence of information on this point in the Government’s report. The Committee once again trusts that the Administrative Authority Act, which is intended to replace the Chief’s Authority Act, will be adopted in the near future and that the legislation will be brought into conformity with the Convention and indicated practice. It requests the Government to supply a copy of the Administrative Authority Act, as soon as it is adopted.

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

The Committee notes that the Government’s report contains no reply to its previous comments. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. Further to its earlier comments, the Committee notes the adoption of the Counter Trafficking in Persons Act, No. 8 of 2010, which provides for various measures to prevent, suppress and punish trafficking in persons for the purposes of labour and sexual exploitation and contains provisions imposing heavy penalties on perpetrators.

The Committee requests the Government to provide information on the application of the 2010 Act in practice, specifically on the various measures taken or envisaged under this Act with a view to preventing trafficking in persons, assisting and protecting victims of trafficking (sections 15, 18, 20(1) and (2)(a)–(e) of the Act) and combating trafficking. This should include the information on the investigations of criminal acts relating to trafficking and on the prosecution and punishment of perpetrators (sections 3(5) and 5–10 of the Act), indicating the penalties imposed and supplying sample copies of the relevant court decisions. Please also supply information on the functioning of the Counter Trafficking in Persons Advisory Committee and the National Assistance Fund for Victims of Trafficking (sections 19–21 and 22–24 of the Act).

Article 25. Penal sanctions for the exaction of forced labour. For a number of years, the Committee has been referring to the provisions of section 266 of the Penal Code, under which any person who unlawfully compels another person to labour against the will of that person is guilty of a misdemeanour. The Committee recalled that, under Article 25 of the Convention, the ratifying States must ensure that “the illegal exaction of forced or compulsory labour shall be punishable as a penal offence” and “that the penalties imposed by law are really adequate”.

The Committee notes that the new Counter-Trafficking in Persons Act, No. 8 of 2010, has amended the Penal Code by inserting a new section 266A which provides that any offences specified in the respective chapter of the Code (Offences against liberty), if committed for the purpose of exploitation, are punishable with penalties of imprisonment and/or fines provided for in the Counter-Trafficking in Persons Act. While noting this information with interest, the Committee observes, however, that section 266 of the Penal Code referred to above has been neither repealed nor amended, which means that, in certain cases, persons unlawfully exacting compulsory labour still can be found guilty of a misdemeanour.

The Committee therefore hopes that section 266 of the Penal Code referred to above will be either repealed or amended, so as to ensure, that the illegal exaction of forced or compulsory labour is punishable as a penal offence and that the penalties imposed are really adequate. The Committee requests the Government to provide information on the progress made in this regard.

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

The Committee notes that the Government’s report contains no reply to its previous comments. It is therefore bound to repeat its previous comments.

Repetition

Articles 1(1) and 2(1) of the Convention. Compulsory labour in connection with the conservation of natural resources. For a number of years, the Committee has been referring to sections 13–18 of the Chief’s Authority Act (Cap. 128), as amended by Act No. 10 of 1997, according to which able-bodied male persons between 18 and 50 years of age may be required to perform any work or service in connection with the conservation of natural resources for up to 60 days in any year. The Committee previously noted the Government’s indication that sections 13–18 of the Chief’s Authority Act referred to above had never been enforced and that the Chief’s Authority Act would be replaced by the Administrative Authority Act. The Government states in its latest report that the Administrative Authority Bill which is intended to replace the Chief’s Authority Act has been published and submitted to Parliament for debate and enactment. It also undertakes to communicate a copy of the new Act, once it is approved.

The Committee trusts that the Administrative Authority Act, which is intended to replace the Chief’s Authority Act, will be adopted in the near future and that the legislation will be brought into conformity with the Convention and the indicated practice. It asks the Government to supply a copy of the Administrative Authority Act, as soon as it is adopted.

The Committee is raising other matters in a request addressed directly to the Government.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

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

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. Further to its earlier comments, the Committee notes the adoption of the Counter Trafficking in Persons Act, No. 8 of 2010, which provides for various measures to prevent, suppress and punish trafficking in persons for the purposes of labour and sexual exploitation and contains provisions imposing heavy penalties on perpetrators.

The Committee requests the Government to provide, in its next report, information on the application of the 2010 Act in practice, specifically on the various measures taken or envisaged under this Act with a view to preventing trafficking in persons, assisting and protecting victims of trafficking (sections 15, 18, 20(1) and (2)(a)–(e) of the Act) and combating trafficking. This should include the information on the investigations of criminal acts relating to trafficking and on the prosecution and punishment of perpetrators (sections 3(5) and 5–10 of the Act), indicating the penalties imposed and supplying sample copies of the relevant court decisions. Please also supply information on the functioning of the Counter-Trafficking in Persons Advisory Committee and the National Assistance Fund for Victims of Trafficking (sections 19–21 and 22–24 of the Act).

Article 25. Penal sanctions for the exaction of forced labour. For a number of years, the Committee has been referring to the provisions of section 266 of the Penal Code, under which any person who unlawfully compels another person to labour against the will of that person is guilty of a misdemeanour. The Committee recalled that, under Article 25 of the Convention, the ratifying States must ensure that “the illegal exaction of forced or compulsory labour shall be punishable as a penal offence” and “that the penalties imposed by law are really adequate”.

The Committee notes that the new Counter-Trafficking in Persons Act, No. 8 of 2010, has amended the Penal Code by inserting a new section 266A which provides that any offences specified in the respective chapter of the Code (Offences against liberty), if committed for the purpose of exploitation, are punishable with penalties of imprisonment and/or fines provided for in the Counter-Trafficking in Persons Act. While noting this information with interest, the Committee observes, however, that section 266 of the Penal Code referred to above has been neither repealed nor amended, which means that, in certain cases, persons unlawfully exacting compulsory labour still can be found guilty of a misdemeanour.

The Committee therefore hopes that section 266 of the Penal Code referred to above will be either repealed or amended, so as to ensure, that the illegal exaction of forced or compulsory labour is punishable as a penal offence and that the penalties imposed are really adequate. The Committee requests the Government to provide, in its next report, information on the progress made in this regard.

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

Articles 1(1) and 2(1) of the Convention. Compulsory labour in connection with the conservation of natural resources. For a number of years, the Committee has been referring to sections 13–18 of the Chief’s Authority Act (Cap. 128), as amended by Act No. 10 of 1997, according to which able-bodied male persons between 18 and 50 years of age may be required to perform any work or service in connection with the conservation of natural resources for up to 60 days in any year. The Committee previously noted the Government’s indication that sections 13–18 of the Chief’s Authority Act referred to above had never been enforced and that the Chief’s Authority Act would be replaced by the Administrative Authority Act. The Government states in its latest report that the Administrative Authority Bill which is intended to replace the Chief’s Authority Act has been published and submitted to Parliament for debate and enactment. It also undertakes to communicate a copy of the new Act, once it is approved.

The Committee trusts that the Administrative Authority Act, which is intended to replace the Chief’s Authority Act, will be adopted in the near future and that the legislation will be brought into conformity with the Convention and the indicated practice. It asks the Government to supply a copy of the Administrative Authority Act, as soon as it is adopted.

The Committee is raising other points in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Repetition

Article 25 of the Convention. Penal sanctions for the exaction of forced labour. For a number of years, the Committee has been referring to the provisions of section 266 of the Penal Code, under which any person who unlawfully compels another person to labour against the will of that person is guilty of a misdemeanour. The Committee recalls that, under Article 25 of the Convention, the ratifying States must ensure that “the illegal exaction of forced or compulsory labour shall be punishable as a penal offence” and “that the penalties imposed by law are really adequate”.

The Committee has noted the Government’s repeated assurances that this provision would be amended and brought into full compliance with the Convention. In its last report, the Government reiterates that the Committee’s concerns have been noted and forwarded to the competent authorities with a view to bringing the Penal Code into conformity with the Convention. The Government also undertakes to supply a copy of the amendments, as soon as they are adopted.

While having noted that, under section 4(3) of the Employment Act 2007, contravention of the provisions prohibiting forced or compulsory labour is punishable with a fine and imprisonment for a term of up to two years, the Committee trusts that section 266 of the Penal Code referred to above will soon be amended, so as to ensure, in conformity with the Convention, that the illegal exaction of forced or compulsory labour is punishable as a penal offence and that the penalties imposed are really adequate. The Committee requests the Government to supply a copy of the amendments, as soon as they are adopted.

Articles 1(1), 2(1) and 25. Trafficking in persons. The Committee noted from the 2008 report by the International Organization for Migration (IOM) concerning human trafficking in Eastern Africa, as well as from other IOM publications, that Kenya has been recognized as a source, transit and destination country for human trafficking. Victims are trafficked both internally (from rural to urban areas) and internationally, mainly for sexual exploitation and domestic labour, but also for agricultural work, factory work and street work. The Committee requests the Government to provide, in its next report, information on measures taken or envisaged to prevent, suppress and punish trafficking in persons for the purposes of labour and sexual exploitation, including the information on the legal proceedings which have been instituted and the penalties imposed on perpetrators, and supplying copies of the relevant reports, studies and inquiries.

Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

Repetition

Articles 1(1) and 2(1) of the Convention. Compulsory labour in connection with the conservation of natural resources. For many years, the Committee has been referring to sections 13–18 of the Chief’s Authority Act (Cap. 128), as amended by Act No. 10 of 1997, according to which able-bodied male persons between 18 and 50 years of age may be required to perform any work or service in connection with the conservation of natural resources for up to 60 days in any year. The Committee has noted the Government’s repeated indication that the Chief’s Authority Act will be replaced by the Administrative Authority Act. The Government also stated in its last report that sections 13–18 of the Chief’s Authority Act referred to above have never been enforced and undertakes to supply a copy of the new Act, as soon as it is adopted.

The Committee expresses the firm hope that the Administrative Authority Act, which is intended to replace the Chief’s Authority Act, will soon be adopted and that the legislation will be brought into conformity with the Convention and the indicated practice. It asks the Government to supply a copy of the Administrative Authority Act, as soon as it is adopted.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

Article 25 of the Convention. Penal sanctions for the illegal exaction of forced labour. For a number of years, the Committee has been referring to the provisions of section 266 of the Penal Code, under which any person who unlawfully compels another person to labour against the will of that person is guilty of a misdemeanour. The Committee recalls that, under Article 25 of the Convention, the ratifying States must ensure that “the illegal exaction of forced or compulsory labour shall be punishable as a penal offence” and “that the penalties imposed by law are really adequate”.

The Committee has noted the Government’s repeated assurances that this provision would be amended and brought into full compliance with the Convention. In its latest report, the Government reiterates that the Committee’s concerns have been noted and forwarded to the competent authorities with a view to bringing the Penal Code into conformity with the Convention. The Government also undertakes to supply a copy of the amendments, as soon as they are adopted.

While having noted that, under section 4(3) of the Employment Act 2007, contravention of the provisions prohibiting forced or compulsory labour is punishable with a fine and imprisonment for a term of up to two years, the Committee trusts that section 266 of the Penal Code referred to above will soon be amended, so as to ensure, in conformity with the Convention, that the illegal exaction of forced or compulsory labour is punishable as a penal offence and that the penalties imposed are really adequate. The Committee requests the Government to supply a copy of the amendments, as soon as they are adopted.

Articles 1(1), 2(1) and 25. Trafficking in persons. The Committee notes from the 2008 report by the International Organization for Migration (IOM) concerning human trafficking in Eastern Africa, as well as from other IOM publications, that Kenya has been recognized as a source, transit and destination country for human trafficking. Victims are trafficked both internally (from rural to urban areas) and internationally, mainly for sexual exploitation and domestic labour, but also for agricultural work, factory work and street work.

The Committee requests the Government to provide, in its next report, information on measures taken or envisaged to prevent, suppress and punish trafficking in persons for the purposes of labour and sexual exploitation, including the information on the legal proceedings which have been instituted and the penalties imposed on perpetrators, and supplying copies of the relevant reports, studies and inquiries.

Observation (CEACR) - adopted 2010, published 100th ILC session (2011)

Articles 1(1) and 2(1) of the Convention. Compulsory labour in connection with the conservation of natural resources. For many years, the Committee has been referring to sections 13–18 of the Chief’s Authority Act (Cap. 128), as amended by Act No. 10 of 1997, according to which able-bodied male persons between 18 and 50 years of age may be required to perform any work or service in connection with the conservation of natural resources for up to 60 days in any year. The Committee has noted the Government’s repeated indication that the Chief’s Authority Act will be replaced by the Administrative Authority Act. The Government also states in its latest report that sections 13–18 of the Chief’s Authority Act referred to above have never been enforced and undertakes to supply a copy of the new Act, as soon as it is adopted.

The Committee expresses the firm hope that the Administrative Authority Act, which is intended to replace the Chief’s Authority Act, will soon be adopted and that the legislation will be brought into conformity with the Convention and the indicated practice. It asks the Government to supply a copy of the Administrative Authority Act, as soon as it is adopted.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

Article 25 of the Convention. Penal sanctions for the illegal exaction of forced labour. For a number of years, the Committee has been referring to the provisions of section 266 of the Penal Code, under which any person who unlawfully compels another person to labour against the will of that person is guilty of a misdemeanour. The Committee recalled that, under Article 25 of the Convention, the ratifying States must ensure that “the illegal exaction of forced or compulsory labour shall be punishable as a penal offence” and “that the penalties imposed by law are really adequate”. The Committee has noted the Government’s repeated assurances that this provision would be amended and brought into full compliance with the Convention.

The Committee previously noted the Government’s indication in its report that the task force on the review of labour laws recommended amendments to be made to section 266 of the Penal Code. It also noted that, under section 4(3) of the Employment Act (No. 11 of 2007), contravention of the provisions prohibiting forced or compulsory labour is punishable with imprisonment for a term of up to two years. In its latest report, the Government reiterates that the Committee’s concerns have been forwarded to the competent authorities and undertakes to send a copy of the amendments, as soon as they are adopted.

The Committee trusts that section 266 of the Penal Code will be amended in the near future so as to ensure, in conformity with Article 25 of the Convention, that the illegal exaction of forced or compulsory labour is punishable as a penal offence and that the penalties imposed are really adequate. The Committee requests the Government to supply a copy of the amendments, as soon as they are adopted.

Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

Articles 1, paragraph 1, and 2, paragraph 1, of the Convention. Compulsory labour in connection with the conservation of natural resources. For many years, the Committee has been referring to sections 13 to 18 of the Chief’s Authority Act (Cap. 128), as amended by Act No. 10 of 1997, according to which able-bodied male persons between 18 and 50 years of age may be required to perform any work or service in connection with the conservation of natural resources for up to 60 days in any year. The Committee expressed the firm hope that the necessary measures will be taken to repeal or amend these provisions, in order to bring legislation into conformity with the Convention.

The Committee previously noted the Government’s indication in its report that the task force on the review of labour laws had addressed the issue of compulsory labour required by the Chief’s Authority Act (Cap. 128). The Government also indicated that the Chief’s Authority Act was to be replaced by the Administrative Authority Act. In its latest report, the Government undertakes to send a copy of the Administrative Authority Act, as soon as it is adopted.

While noting this information, the Committee trusts that the Administrative Authority Act, which is intended to replace the Chief’s Authority Act, will be adopted in the near future and that the legislation will be brought into conformity with the Convention. It asks the Government to supply a copy of the Administrative Authority Act as soon as it is adopted.

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

Article 25 of the Convention. Penal sanctions for the illegal exaction of forced labour. For a number of years, the Committee has been referring to the provisions of section 266 of the Penal Code, under which any person who unlawfully compels another person to labour against the will of that person is guilty of a misdemeanour. The Committee has noted the Government’s repeated assurances that this provision would be amended and brought into full compliance with the Convention.

The Committee has noted the Government’s indication in its report that the task force on the review of labour laws recommended amendments to be made to section 266 of the Penal Code, which will be supplied as soon as they are adopted. It has also noted with interest that section 4(3) of the Employment Act (No. 11 of 2007) provides that the contravention of the provisions prohibiting forced or compulsory labour is punishable with imprisonment for a term of up to two years.

While noting this information, the Committee reiterates the firm hope that section 266 of the Penal Code will be amended in the near future so as to ensure, in conformity with Article 25 of the Convention, that the illegal exaction of forced or compulsory labour is punishable as a penal offence and that the penalties imposed are really adequate. The Committee requests the Government to supply a copy of the amendments, as soon as they are adopted.

Observation (CEACR) - adopted 2008, published 98th ILC session (2009)

Articles 1(1) and 2(1) of the Convention. Compulsory labour in connection with the conservation of natural resources. For many years, the Committee has been referring to sections 13 to 18 of the Chief’s Authority Act (Cap. 128), according to which able-bodied male persons between 18 and 45 years of age may be required to perform any work or service in connection with the conservation of natural resources for up to 60 days in any year. On numerous occasions, the Committee asked the Government to take the necessary measures to repeal or amend these provisions, in order to bring the legislation into conformity with the Convention. However, as the Committee noted previously, the amendments introduced by Act No. 10 of 1997 not only failed to bring the legislation into compliance with the Convention, but the non-compliance was even aggravated by raising the age limit for call-up for compulsory labour to 50 years of age.

The Committee has noted that, in its latest report, the Government has confirmed its previous indication that the task force on the review of labour laws addressed the issue of compulsory labour required by the Chief’s Authority Act (Cap. 128). The Government states that the Act is to be replaced with the Administrative Authority Bill, and meanwhile the principles of the Convention have been incorporated in the Employment Bill, which prohibits forced labour, subject to permitted exemptions.

The Committee has noted with interest the adoption of the Employment Act (No. 11 of 2007), which prohibits the exaction of forced or compulsory labour (section 4(1) and (2)). While noting this information, the Committee expresses the firm hope that the Administrative Authority Bill, which is intended to replace the Chief’s Authority Act, will be adopted in the near future and that the legislation will be brought into conformity with the Convention. It asks the Government to supply a copy of the Administrative Authority Act, as soon as it is adopted.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

Article 25 of the Convention. Penal sanctions for the illegal exaction of forced labour. Over a number of years, the Committee has been referring to the provisions of section 266 of the Penal Code, under which any person who unlawfully compels any person to labour against the will of that person is guilty of a misdemeanour. The Committee has noted the Government’s assurances that this provision would be amended and brought into full compliance with the Convention. In its 2003 report, the Government indicated that amendments to section 266 would be deliberated by the task force on the review of labour laws.

While noting the Government’s intention to amend this provision, the Committee observes that the Government’s latest report contains no new information on this subject. It therefore requests the Government to provide information on the deliberations of the amendments by the task force referred to above and expresses firm hope that section 266 will soon be amended so as to ensure, in conformity with Article 25 of the Convention, that the illegal exaction of forced or compulsory labour is punishable as a penal offence and that the penalties imposed are really adequate. The Committee asks the Government to supply a copy of the amendments, as soon as they are adopted.

Observation (CEACR) - adopted 2005, published 95th ILC session (2006)

Articles 1(1) and 2(1) of the Convention. Compulsory labour in connection with the conservation of natural resources. For many years, the Committee has been referring to sections 13 to 18 of the Chief’s Authority Act (Cap. 128), according to which able-bodied male persons between 18 and 45 years of age may be required to perform any work or service in connection with the conservation of natural resources for up to 60 days in any year. On numerous occasions, it expressed the hope that these sections would be either repealed or amended so as to give effect to the Convention. However, the Committee previously noted that the amendments introduced by Act No. 10 of 1997 not only failed to bring the legislation into compliance with the Convention, but the non-compliance was aggravated by raising the age limit for call up for compulsory labour to 50 years of age.

The Committee noted the Government’s indication in its 2000 report that a comprehensive labour law revision project would be undertaken in consultation with the social partners and with the technical assistance of the ILO, and that the labour law reform would integrate amendments/repeals requested by the Committee.

In its latest report, the Government indicates that the task force on the review of labour laws addressed the issue of repeal/amendment of sections 13 to 18 of the Chief’s Authority Act to bring them into compliance with the Convention. It also informs of the proposal to abolish the provincial administration, with the aim of reorganization of the administrative machinery in the country. The Government explains that such reorganization will lead to the abolition of the chief’s role, which will entail the repeal of the Chief’s Authority Act.

While noting these indications, the Committee trusts that the necessary measures will be taken shortly to bring the legislation into conformity with the Convention, and that the Government will supply a copy of the repealing text, as soon as it is adopted.

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee has noted the information supplied by the Government in reply to its earlier comments. It has noted, in particular, the Government’s explanations concerning the application of provisions governing the resignation of officers of the armed forces contained in the Armed Forces Act (Cap. 199).

Article 25 of the Convention. In its earlier comments the Committee referred to the provisions of section 266 of the Penal Code, under which any person who unlawfully compels any person to labour against the will of that person is guilty of a misdemeanour. On many occasions the Government expressed its intention to amend this provision, so as to bring it into full compliance with the Convention. In its latest report the Government indicates that amendments to section 266 will be deliberated by the task force on the review of labour laws.

The Committee trusts that section 266 will at last be amended so as to ensure, in conformity with Article 25, that the illegal exaction of forced or compulsory labour is punishable as a penal offence and that the penalties imposed are really adequate. It requests the Government to supply a copy of the amendments, as soon as they are adopted.

Observation (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee has noted the information provided by the Government in reply to its earlier comments.

Over a number of years the Committee has been referring to sections 13 to 18 of the Chief’s Authority Act (Cap. 128), according to which able-bodied male persons between 18 and 45 years of age may be required to perform any work or service in connection with the conservation of natural resources for up to 60 days in any year. On many occasions it expressed the hope that these sections would be either repealed or amended so as to give effect to the Convention.

The Committee noted that the amendments introduced by Act No. 10 of 1997 not only failed to bring the legislation into compliance with the Convention, but even raised the maximum age limit for call-up for compulsory labour from 45 years to 50 years. The Government indicated in its previous report that a comprehensive labour law revision project would be undertaken in consultation with the social partners and with the technical assistance of the ILO, and that the labour law reform would integrate amendments/repeals requested by the Committee.

In its latest report, the Government confirms that the task force on the review of labour laws will address the issue of repeal/amendment of sections 13 to 18 of the Chief’s Authority Act to bring them into compliance with the Convention.

The Committee urges the Government to take the necessary measures to ensure that the legislation is brought into conformity with the Convention and asks the Government to supply a copy of the amendments, as soon as they are adopted.

Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee has noted the information supplied by the Government in reply to its earlier comments.

1. Freedom of military servicemen to leave the service. The Committee previously noted that under section 176(f) of the Armed Forces Act, a serviceman may be discharged by the competent service authority at any time during his period of colour service at his own request on compassionate grounds, and under section 177 of the same Act a serviceman may claim to be discharged at any time within three months after the date of his attestation on payment of the sum of two hundred shillings, except during a state of war, insurrection, hostilities or public emergency or at a time when he is on active service. The Committee requested the Government to provide indications regarding the precise meaning of the term "active service". It notes the Government’s indication in its report that this term only involves services provided during a situation of hostility, such as war. The Committee notes, however, that the wording of section 177 seems to make a distinction between "a state of war" and "hostilities", on one hand, and "active service", on the other. It therefore requests the Government to provide further clarifications of this matter. The Committee also reiterates its request for copies of provisions governing the resignation of officers of the armed forces (e.g. any regulations or instructions on this subject adopted under the Armed Forces Act).

2. Article 25 of the Convention. In its earlier comments the Committee referred to the provisions of section 266 of the Penal Code, under which any person who unlawfully compels any person to labour against the will of that person is guilty of a misdemeanour. On many occasions the Government expressed its intention to amend this provision, so as to bring it into full compliance with the Convention. In its latest report the Government indicates that revision is expected in the framework of the constitutional reform to be undertaken before 2002. The Committee reiterates its hope that section 266 will soon be amended so as to ensure, in conformity with Article 25, that the illegal exaction of forced or compulsory labour is punishable as a penal offence and that the penalties imposed are really adequate. The Government is requested to supply a copy of revised provisions, as soon as they are adopted.

Observation (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee has noted the information provided by the Government in reply to its earlier comments.

Over a number of years the Committee has been referring to sections 13 to 18 of the Chief’s Authority Act (Cap. 128), according to which able-bodied male persons between 18 and 45 years of age may be required to perform any work or service in connection with the conservation of natural resources for up to 60 days in any year. On many occasions it expressed the hope that these sections would be either repealed or amended so as to give effect to the Convention.

The Committee notes that the Chief’s Authority Act has not yet been repealed, and the amendments introduced by Act No. 10 of 1997 not only did not bring the legislation into compliance with the Convention, but even raised the age limit for call-up for compulsory labour to 50 years. In its latest report, the Government indicates that a comprehensive labour law revision project will be undertaken soon in consultation with the social partners and with the technical assistance of the ILO, and that the labour law reform will integrate amendments/repeals requested by the Committee.

The Committee trusts that the necessary measures will be taken without further delay to bring the legislation into conformity with the Convention, and that the Government will supply a copy of the amendments, as soon as they are adopted.

Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

The Committee notes the information supplied by the Government concerning the resignation of gazetted police officers, and requests the Government to supply a full text of the Code of Regulations (Revised), 1992, referred to by the Government in its report. It reiterates its request for information on the matters raised in the following other points of its previous direct request: 1. In its earlier comments the Committee requested the Government to provide information on the possibilities for an officer to resign his commission before the legal retirement age, and for a serviceman to make an application for discharge before the term of his enlistment period ends. The Government indicates in its latest report received in September 1996 that an officer or a serviceman cannot resign or be discharged before the term of his/her enlistment period ends, whereas in its earlier reports (e.g. the report received in January 1985) the Government confirmed the existence of the legislation which protects individual freedom of persons to leave the service at their own initiative in the public service, including the armed forces. The Committee noted that, under section 176(f) of the Armed Forces Act, a serviceman may be discharged by the competent service authority at any time during his period of colour service at his own request on compassionate grounds, and under section 177 of the same Act a serviceman may claim to be discharged at any time within three months after the date of his attestation on payment of the sum of 200 shillings, except during a state of war, insurrection, hostilities or public emergency or at a time when he is on active service. The Committee would be grateful if the Government would provide, in its next report, indications regarding the precise meaning of the term "active service" in section 177 of the Armed Forces Act. It also requests the Government once again to supply copies of provisions governing the resignation of officers of the armed forces (e.g. any regulations or instructions on this subject adopted under the Armed Forces Act). 2. In its earlier comments the Committee referred to the provisions of section 266 of the Penal Code, under which any person who unlawfully compels any person to labour against the will of that person is guilty of a misdemeanour. The Committee notes that, in its latest report, the Government reaffirms its intention to amend section 266 of the Penal Code, so as to bring it into full compliance with the Convention. The Government indicates that the Ministry of Labour and Manpower Development has made proposals to the Attorney General's Office to introduce such amendments. The Committee hopes that the Government will supply a copy of the revised provisions of section 266 of the Penal Code, as soon as they are adopted.

Observation (CEACR) - adopted 1999, published 88th ILC session (2000)

The Committee notes that the Government's report contains no reply to previous comments. It must therefore repeat its previous observation on the following points:

Over a number of years the Committee has been referring to sections 13 to 18 of the Chief's Authority Act (Cap. 128) according to which able-bodied male persons between 18 and 45 years of age may be required to perform any work or service in connection with the conservation of natural resources for up to 60 days in any year. On many occasions it expressed the hope that these sections would be either repealed or amended so as to meet the criteria for "minor communal services" which are exempted from the scope of the Convention under Article 2, paragraph 2(e), of the Convention. The Committee previously noted the Government's intention to repeal or to amend sections 13 to 18 of the Act, as it was recognized that in law the aforementioned sections are not in full conformity with the Convention. The Committee noted that, in its latest report received in September 1996, the Government reaffirms its intention to repeal the Chief's Authority Act and to replace it with the Administrative Officer's Authority Act. The Committee hopes that the new Act will be adopted in the near future and that it will be in conformity with the Convention. It requests the Government to supply a copy of the Administrative Officer's Authority Act, as soon as it is adopted.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

1. In its earlier comments the Committee requested the Government to provide information on the possibilities for an officer to resign his commission before the legal retirement age, and for a serviceman to make an application for discharge before the term of his enlistment period ends. The Government indicates in its latest report received in September 1996 that an officer or a serviceman cannot resign or be discharged before the term of his/her enlistment period ends, whereas in its earlier reports (e.g. the report received in January 1985) the Government confirmed the existence of the legislation which protects individual freedom of persons to leave the service at their own initiative in the public service, including the armed forces.

The Committee noted that, under section 176(f) of the Armed Forces Act, a serviceman may be discharged by the competent service authority at any time during his period of colour service at his own request on compassionate grounds, and under section 177 of the same Act a serviceman may claim to be discharged at any time within three months after the date of his attestation on payment of the sum of 200 shillings, except during a state of war, insurrection, hostilities or public emergency or at a time when he is on active service. The Committee would be grateful if the Government would provide, in its next report, indications regarding the precise meaning of the term "active service" in section 177 of the Armed Forces Act. It also requests the Government once again to supply copies of provisions governing the resignation of officers of the armed forces (e.g. any regulations or instructions on this subject adopted under the Armed Forces Act).

2. In its earlier comments the Committee noted that, under section 11 of the Police Act, inspectors and subordinate officers may resign from the force within three months or one month respectively after giving written notice. It repeats its request to the Government to supply copies of provisions governing the resignation of gazetted police officers (i.e. police officers holding one of the ranks specified in Part I of the First Schedule to the Police Act, in accordance with section 2 of the Act), such as, for example, any regulations or standing orders on this subject issued under the Act.

3. In its earlier comments the Committee referred to the provisions of section 266 of the Penal Code, under which any person who unlawfully compels any person to labour against the will of that person is guilty of a misdemeanour. The Committee notes that, in its latest report, the Government reaffirms its intention to amend section 266 of the Penal Code, so as to bring it into full compliance with the Convention. The Government indicates that the Ministry of Labour and Manpower Development has made proposals to the Attorney General's Office to introduce such amendments. The Committee hopes that the Government will supply a copy of the revised provisions of section 266 of the Penal Code, as soon as they are adopted.

Observation (CEACR) - adopted 1998, published 87th ILC session (1999)

The Committee notes that the Government's report has not been received. It must therefore repeat its previous observation which read as follows:

1. Over a number of years the Committee has been referring to sections 13 to 18 of the Chief's Authority Act (Cap. 128) according to which able-bodied male persons between 18 and 45 years of age may be required to perform any work or service in connection with the conservation of natural resources for up to 60 days in any year. On many occasions it expressed the hope that these sections would be either repealed or amended so as to meet the criteria for "minor communal services" which are exempted from the scope of the Convention under Article 2, paragraph 2(e), of the Convention. The Committee previously noted the Government's intention to repeal or to amend sections 13 to 18 of the Act, as it was recognized that in law the aforementioned sections are not in full conformity with the Convention. The Committee noted that, in its latest report received in September 1996, the Government reaffirms its intention to repeal the Chief's Authority Act and to replace it with the Administrative Officer's Authority Act. The Committee hopes that the new Act will be adopted in the near future and that it will be in conformity with the Convention. It requests the Government to supply a copy of the Administrative Officer's Authority Act, as soon as it is adopted. 2. The Committee noted the Government's statement in its previous report that the Government is not aware of any cases of forced labour in so far as soil conservation and on-farm tree planting are concerned. It also noted the provisions governing the Presidential Commission on Soil Conservation and Afforestation, as well as a report on the results achieved by the Commission supplied by the Government.

Direct Request (CEACR) - adopted 1997, published 86th ILC session (1998)

The Committee has noted the information supplied by the Government in reply to its earlier comments.

1. In its earlier comments the Committee requested the Government to provide information on the possibilities for an officer to resign his commission before the legal retirement age, and for a serviceman to make an application for discharge before the term of his enlistment period ends. The Government indicates in its latest report received in September 1996 that an officer or a serviceman cannot resign or be discharged before the term of his/her enlistment period ends, whereas in its earlier reports (e.g. the report received in January 1985) the Government confirmed the existence of the legislation which protects individual freedom of persons to leave the service at their own initiative in the public service, including the armed forces.

The Committee noted that, under section 176(f) of the Armed Forces Act, a serviceman may be discharged by the competent service authority at any time during his period of colour service at his own request on compassionate grounds, and under section 177 of the same Act a serviceman may claim to be discharged at any time within three months after the date of his attestation on payment of the sum of 200 shillings, except during a state of war, insurrection, hostilities or public emergency or at a time when he is on active service. The Committee would be grateful if the Government would provide, in its next report, indications regarding the precise meaning of the term "active service" in section 177 of the Armed Forces Act. It also requests the Government once again to supply copies of provisions governing the resignation of officers of the armed forces (e.g. any regulations or instructions on this subject adopted under the Armed Forces Act).

2. In its earlier comments the Committee noted that, under section 11 of the Police Act, inspectors and subordinate officers may resign from the force within three months or one month respectively after giving written notice. It repeats its request to the Government to supply copies of provisions governing the resignation of gazetted police officers (i.e. police officers holding one of the ranks specified in Part I of the First Schedule to the Police Act, in accordance with section 2 of the Act), such as, for example, any regulations or standing orders on this subject issued under the Act.

3. In its earlier comments the Committee referred to the provisions of section 266 of the Penal Code, under which any person who unlawfully compels any person to labour against the will of that person is guilty of a misdemeanour. The Committee notes that, in its latest report, the Government reaffirms its intention to amend section 266 of the Penal Code, so as to bring it into full compliance with the Convention. The Government indicates that the Ministry of Labour and Manpower Development has made proposals to the Attorney General's Office to introduce such amendments. The Committee hopes that the Government will supply a copy of the revised provisions of section 266 of the Penal Code, as soon as they are adopted.

Observation (CEACR) - adopted 1997, published 86th ILC session (1998)

The Committee has noted the information provided by the Government in reply to its earlier comments.

1. Over a number of years the Committee has been referring to sections 13 to 18 of the Chief's Authority Act (Cap. 128) according to which able-bodied male persons between 18 and 45 years of age may be required to perform any work or service in connection with the conservation of natural resources for up to 60 days in any year. On many occasions it expressed the hope that these sections would be either repealed or amended so as to meet the criteria for "minor communal services" which are exempted from the scope of the Convention under Article 2, paragraph 2(e).

The Committee previously noted the Government's intention to repeal or to amend sections 13 to 18 of the Act, as it was recognized that in law the aforementioned sections are not in full conformity with the Convention. The Committee notes that, in its latest report received in September 1996, the Government reaffirms its intention to repeal the Chief's Authority Act and to replace it with the Administrative Officer's Authority Act. The Committee hopes that the new Act will be adopted in the near future and that it will be in conformity with the Convention. It requests the Government to supply a copy of the Administrative Officer's Authority Act, as soon as it is adopted.

2. The Committee has noted the Government's statement in its previous report that the Government is not aware of any cases of forced labour in so far as soil conservation and on-farm tree planting are concerned. It has also noted the provisions governing the Presidential Commission on Soil Conservation and Afforestation, as well as a report on the results achieved by the Commission supplied by the Government.

Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

The Committee notes that the Government's report contains no reply to its previous comments. It hopes that the next report will contain full information on the following matters raised in its previous direct request:

1. In its previous comments the Committee noted that under section 170 of the Armed Forces Act (Chapter 199) a commission may be either a regular commission or a short service commission not exceeding five years. It also noted that under section 174 of the Act a person may enlist in the armed forces for a term of up to 12 years; a person who has not attained the age of 18 years at the time of his enlistment may enlist with the consent of his parents or guardian for a period of up to 12 years after he attains the age of 18 years. The Committee further noted that under section 177 of the Act a serviceman may claim discharge within three months after the date of his attestation, on payment of 200 shillings.

Referring to paragraphs 67 to 73 of its 1979 General Survey on the Abolition of Forced Labour the Committee requested the Government to provide information on the possibilities for an officer to resign his commission before the legal retirement age, and for a serviceman to make an application for discharge before the term of his enlistment period ends, and to provide a copy of any regulations or instructions to this effect.

The Committee again expresses the hope that the Government will provide the above information with its next report.

2. The Committee requests again the Government to supply a copy of the Gazetted Police Forces Act.

3. The Committee requested the Government to provide information on the practical application of the provisions of section 266 of the Penal Code under which any person who unlawfully compels any person to labour against the will of that person is guilty of a misdemeanour, and in particular on any legal proceedings introduced or penalties imposed in application of that section.

The Committee again expresses the hope that the Government will provide information in this regard.

The Committee noted the Government's information in its report for the period ending June 1991 that so far there had not been reported incidents of persons compelling others to work and hence guilty of misdemeanour. The Committee noted that the Government was of the opinion however that it was necessary to revise legislation in due course with a view to bringing it into harmony with the requirements of the Convention.

Observation (CEACR) - adopted 1994, published 81st ILC session (1994)

In previous comments the Committee has noted that, under sections 13 to 18 of the Chief's Authority Act (Cap. 128), able-bodied male persons between 18 and 45 years of age may be required to perform any work or service in connection with the conservation of natural resources for up to 60 days in any year. It has expressed the hope that these sections would be either repealed or amended so as to meet the criteria for "minor communal services" which are exempted from the scope of the Convention under Article 2, paragraph 2(e).

The Committee previously noted the Government's intention to repeal or to amend sections 13 and 17 of the Act, so as to restrict their scope and bring them within the exception provided for in Article 2, paragraph 2(e), of the Convention, as it was recognized that in law the aforementioned sections of the Act are not in full conformity with the Convention.

The Committee notes that, in its latest report, the Government reaffirms its intention to amend the relevant sections of the Act in order to bring its various provisions into conformity with the Convention. The Committee notes from the Government's report and an annexed press clipping that it is the Government's intention to repeal the Act and replace it by an Administrative Officers Authority Act. The Committee notes that certain members of parliament have referred to "the apparent misuse of the Chief's Authority Act by local administration" and have asked that the Act be repealed without replacement.

The Committee requests the Government to provide information on the action taken for repealing the Act or, if the Act is replaced or amended, of the provisions adopted to this effect. The Committee hopes that any such provisions will be in conformity with the Convention.

The Committee previously requested the Government to provide information on the organization of and results achieved in soil conservation through the "Harambee effort".

Noting the Government's indication that it would report on results achieved, the Committee hopes that the Government will provide full information on the results of "Harambee" as well as on its organization.

Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

The Committee notes the information provided by the Government in its report and in the annexed documentation.

1. In its previous comments the Committee noted that under section 170 of the Armed Forces Act (Chapter 199) a commission may be either a regular commission or a short service commission not exceeding five years. It also noted that under section 174 of the Act a person may enlist in the armed forces for a term of up to 12 years; a person who has not attained the age of 18 years at the time of his enlistment may enlist with the consent of his parents or guardian for a period of up to 12 years after he attains the age of 18 years. The Committee further noted that under section 177 of the Act a serviceman may claim discharge within three months after the date of his attestation, on payment of 200 shillings.

Referring to paragraphs 67 to 73 of its 1979 General Survey on the Abolition of Forced Labour the Committee requested the Government to provide information on the possibilities for an officer to resign his commission before the legal retirement age, and for a serviceman to make an application for discharge before the term of his enlistment period ends, and to provide a copy of any regulations or instructions to this effect.

The Committee hopes that the Government will provide the above information with its next report.

2. The Committee hopes that the Government will supply a copy of the Gazetted Police Forces Act that the Committee requested previously, but which was not attached to the Government's report.

3. The Committee requested the Government to provide information on the practical application of the provisions of section 266 of the Penal Code under which any person who unlawfully compels any person to labour against the will of that person is guilty of a misdemeanour, and in particular on any legal proceedings introduced or penalties imposed in application of that section.

The Committee notes the Government's information in its report that so far there have not been reported incidents of persons compelling others to work and hence guilty of misdemeanour. The Committee notes that the Government feels however that it is necessary to revise legislation in due course with a view to bringing it into harmony with the requirements of the Convention.

The Committee would appreciate receiving information in this regard.

Observation (CEACR) - adopted 1992, published 79th ILC session (1992)

In previous comments the Committee has noted that, under sections 13 to 18 of the Chief's Authority Act (Cap. 128), able-bodied male persons between 18 and 45 years of age may be required to perform any work or service in connection with the conservation of natural resources for up to 60 days in any year. It has expressed the hope that these sections would be either repealed or amended so as to meet the criteria for "minor communal services" which are exempted from the scope of the Convention under its Article 2, paragraph 2(e).

The Committee previously noted the Government's intention to repeal or to amend sections 13 and 17 of the Act, so as to restrict their scope and bring them within the exception provided for in Article 2, paragraph 2(e), of the Convention, as it was recognised that in law the aforementioned sections of the Act are not in full conformity with the Convention.

The Committee notes the Government's indication in its report that natural resources conservation work is today undertaken under the direct supervision of a Standing Presidential Commission on soil conservation (and also various agricultural extension officers in the Ministry of Agriculture) established in 1983 and that there exists a permanent cadre of government workers on full pay, in mostly forest areas, to conserve the natural resources. The Government adds that most of the country's conservation work is undertaken through the spirit of self-help commonly referred to as "Harambee effort".

The Committee notes that the Government reaffirms its intention to amend sections 13 to 18 of the Chief's Authority Act: the proposed amendment which was intended to be included in the Employment Act was rejected, but discussions have been reopened with the Office of the President (which administers the Chief's Authority Act), the Attorney-General's Office and the Law Reform Commission and the Ministry of Labour has stressed the need to bring the various provisions of the country's national law as well as practice into conformity with the Convention. The Government adds that a situation where the local chiefs find it necessary to resort to their powers under sections 13 to 18 of the Chief's Authority Act hardly occurs.

The Committee hopes that the Government will soon be able to report on the adoption of the necessary amendments.

The Committee requests the Government to provide a copy of the provisions governing the Presidential Commission on soil conservation, any report established on efforts made and results achieved in soil conservation, as well as information on the organisation of and results achieved in soil conservation through "Harambee effort".

Direct Request (CEACR) - adopted 1991, published 78th ILC session (1991)

The Committee notes the information provided by the Government in its report and in the annexed documentation.

1. The Committee notes that under section 170 of the Armed Forces Act (Chapter 199) a commission may be either a regular commission or a short service commission not exceeding five years. It also notes that under section 174 of the Act a person may enlist in the armed forces for a term of up to 12 years; a person who has not attained the age of 18 years at the time of his enlistment may enlist with the consent of his parents or guardian for a period of up to 12 years after he attains the age of 18 years. The Committee further notes that under section 177 of the Act a serviceman may claim discharge within three months after the date of his attestation, on payment of 200 shillings.

Referring to paragraphs 67 to 73 of its 1979 General Survey on the Abolition of Forced Labour the Committee requests the Government to provide information on the possibilities for an officer to resign his commission before the legal retirement age, and for a serviceman to make an application for discharge before the term of his enlistment period ends, and to provide a copy of any regulations or instructions to this effect.

2. The Committee hopes that the Government will supply a copy of the Gazetted Police Forces Act.

3. The Committee requested the Government to provide information on the practical application of the provisions of section 266 of the Penal Code under which any person who unlawfully compels any person to labour against the will of that person is guilty of a misdemeanour, and in particular on any legal proceedings introduced or penalties imposed in application of that section.

While noting with interest the Government's indication in its report that the 25 year old Constitution guarantees fundamental human rights and provides protection against the use of forced labour, the Committee would appreciate information on the practical application of the above-mentioned section 266 of the Penal Code.

Observation (CEACR) - adopted 1991, published 78th ILC session (1991)

In previous comments the Committee has noted that, under sections 13 to 18 of the Chief's Authority Act (Cap. 128), able-bodied male persons between 18 and 45 years of age may be required to perform any work or service in connection with the conservation of natural resources for up to 60 days in any year. It has expressed the hope that these sections would be either repealed or amended so as to meet the criteria for "minor communal services" which are exempted from the scope of the Convention under its Article 2, paragraph 2(e).

The Committee notes with interest the Government's indication in its report that it intends to repeal or to amend sections 13 and 17 of the Act, so as to restrict their scope and bring them within the exception provided for in Article 2, paragraph 2(e), of the Convention, as it is recognised that in law the aforementioned sections of the Act are not in full conformity with the Convention.

The Committee hopes that the Government will soon be able to report on the adoption of the necessary amendments.