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

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

Article 1(a), (c) and (d) of the Convention. 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 previously noted the Government’s indication in its 2003 report that serious discussions were under way between the Office of the President, the Attorney General’s Chambers, the Law Reform Commission and the Ministry of Labour regarding the proposals to be introduced in order to bring the above legislation into complete conformity with the Convention.

In its latest report, the Government renews its commitment to see to it that the national legislation is brought into full conformity with the Convention and reiterates that a full report on the current measures being taken in order to bring national law and practice into conformity with the Convention will soon be forwarded to the ILO.

The Committee trusts that the necessary measures will be taken in the near future to bring the abovementioned provisions into conformity with the Convention and that the Government will report on the progress achieved in this regard. It also asks the Government to provide information on various points raised in a more detailed request addressed directly to the Government.