Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

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

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

Article 1(a), (c) and (d) of the Convention. Penal sanctions involving compulsory labour as a punishment for expressing political views, for breaches of labour discipline and for the participation in strikes. Since many years, the Committee has been referring to certain 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 sentences of imprisonment (involving compulsory 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 repeated statement in its reports that it is committed to bring the national legislation into conformity with the Convention. It notes from the Government’s latest report that the Merchant Shipping Act, 1967, has been reviewed and is looking forward to receiving a copy of the revised legislation. The Committee expresses the firm hope that all the abovementioned provisions will soon be brought 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.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.