Observación (CEACR) - Adopción: 2006, Publicación: 96ª reunión CIT (2007)

Convenio sobre la indemnización por accidentes del trabajo, 1925 (núm. 17) - Kenya (Ratificación : 1964)

The Committee notes that the Government’s report merely indicates that the proposed Work Injury Benefits Insurance Bill of 1990 has been withdrawn and that new draft legislation, a copy of which is not appended to the report, covers the provisions of the Convention. In these circumstances, the Committee is bound to recall that it has, for many years, been drawing the Government’s attention to the need to amend the current national legislation, i.e. the Workmen’s Compensation Act, Chapter 136, as amended in 1987, in order to ensure the full application of Articles 5 (principle of compensation payable to the injured workman or his dependants in the form of periodical payments), 9 (entitlement to medical aid free of charge and to such surgical and pharmaceutical aid as is recognized to be necessary in consequence of accidents), 10 (supply and normal renewal, by the employer or insurer, of such artificial limbs and surgical appliances as are recognized to be necessary), and 11 (guarantees in the event of the insolvency of the employer or insurer) of the Convention. The Committee therefore expresses the hope that the Government will take without further delay the measures needed in order to give full effect to the above provisions of the Convention. It would also like to draw the Government’s attention to the possibility of availing itself of the technical assistance of the Office in order to seek the early solution of all the problems involved.

[The Government is asked to reply in detail to the present comments in 2007.]