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

Abolition of Forced Labour Convention, 1957 (No. 105) - 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

Article 1(a) of the Convention. Penal sanctions involving compulsory labour as a punishment for expressing political views. Political Parties Act. Further to its earlier comments, the Committee notes the adoption of the Political Parties Act, No. 11 of 2011, which repealed and replaced the Political Parties Act, 2007. It notes that, under section 4(2) of the Political Parties Act, 2011, the Registrar shall not register a political party, if the requirements of article 91 of the Constitution are not met, that is, if it is founded on a religious, linguistic, racial, ethnic, gender or regional basis. The Registrar shall also deregister a political party on the same grounds under section 21(1) of the Act. Where the registration of a political party has been cancelled, no person shall summon a meeting of its members or officers, or attend a meeting in the capacity of a member or officer, or invite persons to support the political party, etc. (section 22(1)). Any violation of the provisions of the Act is punishable with fines and imprisonment for a term of not less than two years (which involves compulsory prison labour under the Prison Rules).

Referring to the explanations contained in its observation addressed to the Government under the Convention, the Committee observes that the scope of the provisions of the Political Parties Act, 2011, referred to above, is not limited to violence or incitement to violence and may lead to the imposition of penalties involving compulsory labour as a punishment of various non-violent actions affecting the organization of political parties.

The Committee hopes that appropriate measures will be taken with a view to amending the above provisions (e.g. by limiting their scope to the acts of violence or incitement to violence or replacing sanctions involving compulsory labour with other kinds of sanctions, such as, e.g., fines), in order to ensure that no form of forced or compulsory labour (including compulsory prison labour) may be imposed under the provisions in circumstances falling within the scope of the Convention. Pending the adoption of such measures, the Committee requests the Government to supply information on the practical application of the above provisions of the Political Parties Act, 2011, relating to the registration and deregistration of political parties and its effect, supplying sample copies of the relevant court decisions and indicating the penalties imposed.