Observation (CEACR) - adopted 2005, published 95th ILC session (2006)

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

Articles 1(1) and 2(1) of the Convention. Compulsory labour in connection with the conservation of natural resources. For many years, the Committee has been referring to sections 13 to 18 of the Chief’s Authority Act (Cap. 128), according to which able-bodied male persons between 18 and 45 years of age may be required to perform any work or service in connection with the conservation of natural resources for up to 60 days in any year. On numerous occasions, it expressed the hope that these sections would be either repealed or amended so as to give effect to the Convention. However, the Committee previously noted that the amendments introduced by Act No. 10 of 1997 not only failed to bring the legislation into compliance with the Convention, but the non-compliance was aggravated by raising the age limit for call up for compulsory labour to 50 years of age.

The Committee noted the Government’s indication in its 2000 report that a comprehensive labour law revision project would be undertaken in consultation with the social partners and with the technical assistance of the ILO, and that the labour law reform would integrate amendments/repeals requested by the Committee.

In its latest report, the Government indicates that the task force on the review of labour laws addressed the issue of repeal/amendment of sections 13 to 18 of the Chief’s Authority Act to bring them into compliance with the Convention. It also informs of the proposal to abolish the provincial administration, with the aim of reorganization of the administrative machinery in the country. The Government explains that such reorganization will lead to the abolition of the chief’s role, which will entail the repeal of the Chief’s Authority Act.

While noting these indications, the Committee trusts that the necessary measures will be taken shortly to bring the legislation into conformity with the Convention, and that the Government will supply a copy of the repealing text, as soon as it is adopted.