Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

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

The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

1. In its earlier comments 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. The Government indicates in its latest report received in September 1996 that an officer or a serviceman cannot resign or be discharged before the term of his/her enlistment period ends, whereas in its earlier reports (e.g. the report received in January 1985) the Government confirmed the existence of the legislation which protects individual freedom of persons to leave the service at their own initiative in the public service, including the armed forces.

The Committee noted that, under section 176(f) of the Armed Forces Act, a serviceman may be discharged by the competent service authority at any time during his period of colour service at his own request on compassionate grounds, and under section 177 of the same Act a serviceman may claim to be discharged at any time within three months after the date of his attestation on payment of the sum of 200 shillings, except during a state of war, insurrection, hostilities or public emergency or at a time when he is on active service. The Committee would be grateful if the Government would provide, in its next report, indications regarding the precise meaning of the term "active service" in section 177 of the Armed Forces Act. It also requests the Government once again to supply copies of provisions governing the resignation of officers of the armed forces (e.g. any regulations or instructions on this subject adopted under the Armed Forces Act).

2. In its earlier comments the Committee noted that, under section 11 of the Police Act, inspectors and subordinate officers may resign from the force within three months or one month respectively after giving written notice. It repeats its request to the Government to supply copies of provisions governing the resignation of gazetted police officers (i.e. police officers holding one of the ranks specified in Part I of the First Schedule to the Police Act, in accordance with section 2 of the Act), such as, for example, any regulations or standing orders on this subject issued under the Act.

3. In its earlier comments the Committee referred to 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. The Committee notes that, in its latest report, the Government reaffirms its intention to amend section 266 of the Penal Code, so as to bring it into full compliance with the Convention. The Government indicates that the Ministry of Labour and Manpower Development has made proposals to the Attorney General's Office to introduce such amendments. The Committee hopes that the Government will supply a copy of the revised provisions of section 266 of the Penal Code, as soon as they are adopted.