Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

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

The Committee has noted the information supplied by the Government in reply to its earlier comments.

1. Freedom of military servicemen to leave the service. The Committee previously 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 two hundred shillings, except during a state of war, insurrection, hostilities or public emergency or at a time when he is on active service. The Committee requested the Government to provide indications regarding the precise meaning of the term "active service". It notes the Government’s indication in its report that this term only involves services provided during a situation of hostility, such as war. The Committee notes, however, that the wording of section 177 seems to make a distinction between "a state of war" and "hostilities", on one hand, and "active service", on the other. It therefore requests the Government to provide further clarifications of this matter. The Committee also reiterates its request for 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. Article 25 of the Convention. 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. On many occasions the Government expressed its intention to amend this provision, so as to bring it into full compliance with the Convention. In its latest report the Government indicates that revision is expected in the framework of the constitutional reform to be undertaken before 2002. The Committee reiterates its hope that section 266 will soon be amended so as to ensure, in conformity with Article 25, that the illegal exaction of forced or compulsory labour is punishable as a penal offence and that the penalties imposed are really adequate. The Government is requested to supply a copy of revised provisions, as soon as they are adopted.