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

Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Kenya (Ratification: 1964)

Following its previous comments on the right to organize and bargain collectively of the teachers, the Committee notes the Government's statement that all unionizable teachers have fairly elaborate machinery for fixing their terms and conditions of service (i.e. between their union and the Teachers Service Commission). Where the parties do not agree, an elaborate machinery exists for them to go to the Industrial Court for final arbitration. The Committee also notes the Industrial Court Award of January 1993, a copy of which has been communicated by the Government, between the Kenya National Union of Teachers and the State through the Teachers Service Commission, which calls on both parties and the Government to adopt a pragmatic approach which will be of benefit to the teachers and the nation as a whole.

The Committee further notes with interest that the Government has appointed a tripartite committee, by Notice 1654 of 8 May 1992, to fully inquire into the question of the need for allowing the establishment of a trade union to cater to the civil service on all issues relating to collective bargaining on wages, terms and conditions of service, etc. That committee has submitted an interim report with specific recommendations, which will be submitted to the ILO once the Government has taken a final decision.

The Committee asks the Government to keep it informed in its next report on any new developments in these matters.