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

Abolition of Forced Labour Convention, 1957 (No. 105) - Kenya (Ratification: 1964)

Over a number of years the Committee has been referring to various provisions of the Penal Code, the Public Order Act, the Prohibited Publications Order, 1968, the Merchant Shipping Act, 1967, and the Trade Disputes Act (Cap. 234) under which imprisonment (involving an obligation to perform labour) may be imposed as a punishment for the display of emblems or the distribution of publications signifying association with a political object or political organization, for various breaches of discipline in the merchant marine and for participation in certain forms of strikes.

The Committee has noted the Government’s indication in its report received in November 2000 that the Penal Code, the Public Order Act and the Prohibited Publications Order, 1968, are stated for revision in the framework of the constitutional reform to be undertaken before 2002. It has also noted the Government’s indications that the Merchant Shipping Act, 1967, and the Trade Disputes Act (Cap. 234) are still being revised and will be finalized in the framework of the comprehensive labour law revision project which will start soon in consultation with the social partners and with the technical assistance of the ILO, and that the labour law reform will consider amendments/repeals requested by the Committee. In its latest report received in November 2001, the Government indicates that a task force has been set up through the Attorney-General to review several legislative texts including the Penal Code, the Public Order Act and the Prohibited Publications Order, and another task force has been set up to review all the labour laws which will complete its work by August 2002.

The Committee trusts that the Government will soon be able to report on progress achieved as regards bringing the abovementioned provisions into conformity with the Convention. It asks the Government to provide information on various points raised in a more detailed request addressed directly to the Government.