Direct Request (CEACR) - adopted 1989, published 76th ILC session (1989)

Migrant Workers (Supplementary Provisions) Convention, 1975 (No. 143) - Kenya (Ratification: 1979)

Article 14(a) of the Convention. In reply to the Committee's previous direct request, the Government states that there is no specific legislation which covers the matter dealt with in this Article and each case is handled upon its own merit, depending on the country's Kenyanisation policy. The Government also states that the views expressed by the Committee on this subject have been carefully noted for future guidance. The Committee recalls that this Article of the Convention authorises restrictions on the free choice of employment only during an initial period of residence not exceeding two years, after which migrant workers should have the free choice of employment. It hopes that the Government will make the necessary changes to the national legislation (Regulation 11(2) of the Immigration Regulations) and practice, as they do not fully comply with the Convention, and that the next report will indicate the steps taken to this effect.