Observation (CEACR) - adopted 2008, published 98th ILC session (2009)

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, the Committee asked the Government to take the necessary measures to repeal or amend these provisions, in order to bring the legislation into conformity with the Convention. However, as the Committee noted previously, 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 even aggravated by raising the age limit for call-up for compulsory labour to 50 years of age.

The Committee has noted that, in its latest report, the Government has confirmed its previous indication that the task force on the review of labour laws addressed the issue of compulsory labour required by the Chief’s Authority Act (Cap. 128). The Government states that the Act is to be replaced with the Administrative Authority Bill, and meanwhile the principles of the Convention have been incorporated in the Employment Bill, which prohibits forced labour, subject to permitted exemptions.

The Committee has noted with interest the adoption of the Employment Act (No. 11 of 2007), which prohibits the exaction of forced or compulsory labour (section 4(1) and (2)). While noting this information, the Committee expresses the firm hope that the Administrative Authority Bill, which is intended to replace the Chief’s Authority Act, will be adopted in the near future and that the legislation will be brought into conformity with the Convention. It asks the Government to supply a copy of the Administrative Authority Act, as soon as it is adopted.