Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

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

The Committee notes that the Government’s report contains no reply to its previous comments. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. Further to its earlier comments, the Committee notes the adoption of the Counter Trafficking in Persons Act, No. 8 of 2010, which provides for various measures to prevent, suppress and punish trafficking in persons for the purposes of labour and sexual exploitation and contains provisions imposing heavy penalties on perpetrators.

The Committee requests the Government to provide information on the application of the 2010 Act in practice, specifically on the various measures taken or envisaged under this Act with a view to preventing trafficking in persons, assisting and protecting victims of trafficking (sections 15, 18, 20(1) and (2)(a)–(e) of the Act) and combating trafficking. This should include the information on the investigations of criminal acts relating to trafficking and on the prosecution and punishment of perpetrators (sections 3(5) and 5–10 of the Act), indicating the penalties imposed and supplying sample copies of the relevant court decisions. Please also supply information on the functioning of the Counter Trafficking in Persons Advisory Committee and the National Assistance Fund for Victims of Trafficking (sections 19–21 and 22–24 of the Act).

Article 25. Penal sanctions for the exaction of forced labour. For a number of years, the Committee has been referring to the provisions of section 266 of the Penal Code, under which any person who unlawfully compels another person to labour against the will of that person is guilty of a misdemeanour. The Committee recalled that, under Article 25 of the Convention, the ratifying States must ensure that “the illegal exaction of forced or compulsory labour shall be punishable as a penal offence” and “that the penalties imposed by law are really adequate”.

The Committee notes that the new Counter-Trafficking in Persons Act, No. 8 of 2010, has amended the Penal Code by inserting a new section 266A which provides that any offences specified in the respective chapter of the Code (Offences against liberty), if committed for the purpose of exploitation, are punishable with penalties of imprisonment and/or fines provided for in the Counter-Trafficking in Persons Act. While noting this information with interest, the Committee observes, however, that section 266 of the Penal Code referred to above has been neither repealed nor amended, which means that, in certain cases, persons unlawfully exacting compulsory labour still can be found guilty of a misdemeanour.

The Committee therefore hopes that section 266 of the Penal Code referred to above will be either repealed or amended, so as to ensure, that the illegal exaction of forced or compulsory labour is punishable as a penal offence and that the penalties imposed are really adequate. The Committee requests the Government to provide information on the progress made in this regard.