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

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

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.