Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

Minimum Age Convention, 1973 (No. 138) - Kenya (Ratification: 1979)

Article 6 of the Convention.  The Committee notes that section 25(2) of the Employment Act, 1976, exempts any child employed under a deed of apprenticeship or learning from the requirements respecting the minimum age for admission to employment. Under the terms of section 8(3) of the Industrial Training Act (Chapter 237), a minor, that is, under the terms of section 2 of the Act, a person under 15 years of age, may enter into apprenticeship with the authorization of his or her parents or guardian or, in the absence of such authorization, of a District Officer or a Labour Officer. In view of the fact that no provision in the latter Act sets a minimum age for entry into apprenticeship and that no provision in the national legislation determines the age of completion of compulsory schooling, it appears that authorizations for apprenticeship or training may be granted to children under 14 years of age. The Committee recalls in this respect that, under the terms of this provision of the Convention, work done within the context of a programme of training or vocational guidance by persons of at least 14 years of age in enterprises is excluded from the scope of this Convention. It therefore requests the Government to indicate whether there are provisions setting the minimum age for entry into apprenticeship at 14 years.

Article 8. The Committee notes that section 17 of the Children Act, 2001, provides that a child shall be entitled to leisure, play and participation in cultural and artistic activities. The Committee requests the Government to indicate which provisions of the national legislation, if such exist, provide that participation in activities such as artistic performances shall be subject to permits granted in individual cases by the competent authority, after consultation with the organizations of employers and workers concerned, and that such permits shall limit the number of hours during which and prescribe the conditions in which employment or work is allowed.