Observation (CEACR) - adopted 1990, published 77th ILC session (1990)

Workmen's Compensation (Accidents) Convention, 1925 (No. 17) - Kenya (Ratification: 1964)

The Committee notes the information supplied by the Government in its reports. It regrets to note that there has been no progress in the adoption of the Social Security Bill which proposes to transform the current National Social Security Fund, on which the Committee has been commenting since 1967, into a pension scheme. The Government points out that there have been some delays in completing the draft Bill primarily because the Central Organisation of Trade Unions, Kenya, had asked for more time to consider in greater detail the whole question and implications of the proposed Bill. The Government hopes that it will soon be able to report some progress in the adoption of the proposed new Social Security Bill.

Article 5 of the Convention. Referring to the Committee's previous comments the Government indicates that discussions between the three social partners in Kenya on the replacement of the current Workmen's Compensation Act with what is being referred to as "Employment Injury Insurance Fund Scheme", are at a very early stage and details will be forwarded at a later date. The Committee notes this information. Given the time that has now elapsed in examining the draft Bill in question the Committee can only again express the hope that the National Social Security Fund will shortly be transformed into a pension scheme and that full effect will be given to this provision of the Convention, under which the compensation payable in the case of permanent incapacity or death shall be paid in the form of periodical payments, provided that it may be wholly or partially paid in a lump sum, if the competent authority is satisfied that it will be properly utilised.

Articles 9 and 10. The Committee regrets to note that the Government limits itself to indicating that it is currently studying the Committee's previous comments. It therefore again expresses the hope that the Government will adopt the necessary measures to give full effect to these provisions of the Convention which fix no maximum limits in respect of medical treatment and the supply and renewal of medical appliances.

Article 11. The Government reiterates that the Committee's previous comments will be taken into account when the present Workmen's Compensation Act is replaced by the proposed "Employment Injury Insurance Fund Scheme". The Committee takes note of this statement. It can therefore only again express the hope that the legislation referred to will be adopted shortly and that a new compensation scheme for industrial accidents will soon be introduced, ensuring in all circumstances, in the event of the insolvency of the employer or insurer, the payment of compensation to workmen who suffer personal injury due to industrial accidents or to their dependants.

The Committee requests the Government to provide information on any progress made in this respect. [The Government is asked to provide full particulars to the Conference at its 77th Session and to report in detail for the period ending 30 June 1990.]