Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

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

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. 1. Law enforcement measures. The Committee previously noted the Counter Trafficking in Persons Act, No. 8 of 2010, and requested the Government to provide information on its application in practice.

The Committee notes the Government’s indication in its report that the Counter Trafficking in Persons Advisory Committee was established in 2014. Its functions include the following: (i) advising the Government on inter-agency activities to combat trafficking; (ii) implementing preventive, protection and rehabilitation programmes; (iii) developing regulations and guidelines to implement a national action plan; and (iv) establishing an assistance fund for the victims of trafficking in persons. Since its launch, the Advisory Committee has taken a certain number of initiatives, including (i) the training of police officers; (ii) the development of a Counter Trafficking in Training Manual for prosecutors, and (iii) the development of the Standard Operating Procedures for the identification of victims of trafficking to enhance reporting for purposes of investigations and prosecutions.

The Government also indicates that a National Plan of Action for Combating Trafficking was adopted for the period of 2013–17. It envisages action in specific areas, such as capacity building for service providers, raising public awareness, data collection and research, among others. Moreover, the Government states that in 2014, it revoked all registration of all private employment agencies dealing with foreign contracts for Kenyans to the Middle East. The agencies were required to apply for registration anew under the new regulations of 2016 and to go through vetting to ensure compliance and to safeguard against trafficking in persons.

The Committee requests the Government to continue to provide information on the measures taken to prevent, suppress and punish trafficking in persons. It also requests the Government to provide information on the measures taken to implement the 2013–17 National Plan of Action for Combatting Trafficking. Lastly, the Committee requests the Government to provide information on the results achieved in combatting trafficking in persons, including information on the number of investigations carried out, convictions and the penalties imposed on perpetrators.

2. Protection and assistance to victims. The Committee notes the Government’s indication that, in 2015 it appointed the board of trustees to oversee the Counter Trafficking in Persons National Assistance Trust Fund. The Fund is yet to be launched and is therefore not operational. This is due to constraints in resources as it is yet to receive any allocations from the Treasury. The Advisory Committee is currently working on the modalities of setting up a rehabilitation system for victims. The Committee requests the Government to provide information on the specific measures taken and concrete results achieved with regard to the protection, assistance and rehabilitation of victims of trafficking. Please also indicate whether the Counter Trafficking in Persons National Assistance Trust Fund has become operational, and if so, the manner in which it guarantees the protection of victims of trafficking.

3. Adequate penalties. The Committee previously observed that although the Counter-Trafficking in Persons of 2010, amended the Penal Code by inserting a new section 266A which provides for penal sanctions for the offence of exploitation, section 266 of the Penal Code, under which compelling a person to labour is punishable with a misdemeanour is still applicable. The Committee requested the Government to take the necessary measures to either repeal or amend section 266 of the Penal Code.

The Committee notes the Government’s indication that section 266 of the Penal Code is yet to be repealed. The Government also refers to section 36 of the Penal Code which provides that when no punishment is specially provided for any misdemeanour in the Penal Code, it shall be punishable with imprisonment for a term not exceeding two years or with a fine, or with both. It also indicates that the needed amendment has been noted. The Committee hopes once again that section 266 of the Penal Code will be either repealed or amended, to ensure that the illegal exaction of forced labour is punishable as a penal offence and that the penalties imposed are adequate. The Committee requests the Government to provide information on the progress made in this regard.

Articles 1(1) and 2(1). Compulsory labour in connection with the conservation of natural resources. For a number of years, the Committee has been referring to sections 13–18 of the Chief’s Authority Act (Cap. 128), as amended by Act No. 10 of 1997, according to which able-bodied male persons between 18 and 50 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. The Committee previously noted the Government’s indication that sections 13–18 of the Chief’s Authority Act referred to above had never been enforced and that the Chief’s Authority Act would be replaced by the Administrative Authority Act. The Government stated that the Administrative Authority Bill which was intended to replace the Chief’s Authority Act had been published and submitted to Parliament for debate and enactment. It also undertook to communicate a copy of the new Act, once it was approved.

The Committee notes an absence of information on this point in the Government’s report. The Committee once again trusts that the Administrative Authority Act, 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 and indicated practice. It requests the Government to supply a copy of the Administrative Authority Act, as soon as it is adopted.