Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

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 adoption of the Counter Trafficking in Persons Act, No. 8 in 2010, as well as the establishment of the Counter Trafficking in Persons Advisory Committee in 2014. The Committee requested the Government to continue to provide information on the measures taken to combat trafficking in persons. It also requested the Government to provide information on the measures taken to implement the 2013–17 National Plan of Action for Combatting Trafficking; and the results achieved in combatting trafficking in persons, including information on the number of investigations carried out, convictions and the penalties imposed on perpetrators.

The Committee notes that the Government once again refers in its report to the establishment in 2014 of the Counter Trafficking in Persons Advisory Committee and to its functions. The Committee also notes the Government’s indication that, the Advisory Committee meets on a quarterly basis to discuss and deliberate issues of prevention, protection and rehabilitation of victims of trafficking in persons. In collaboration with various international agencies, the Advisory Committee has received considerable training on counter-trafficking and has also in turn conducted the same among non-state actors, thereby increasing their level of awareness. The Government also refers to the 2013–17 National Plan of Action for Combatting Trafficking and indicates that, in 2014, it revoked all accredited certificates issued to private employment agencies to better regulate foreign contracts for Kenyans working in the Middle East. While noting this information, the Committee requests the Government to provide updated information on the measures taken to implement the Counter Trafficking in Persons Act No. 8, including the activities of the Counter Trafficking in Persons Advisory Committee. It also requests the Government to provide information on the results achieved in implementing the 2013–17 National Plan of Action for Combatting Trafficking. Lastly, the Committee once again requests the Government to provide information on the number of investigations carried out, convictions and the penalties imposed on perpetrators.

2. Protection and assistance to victims. The Committee notes that the Government indicates that the Counter Trafficking in Persons National Assistance Trust Fund is yet to be launched and is therefore not operational, and that the Advisory Committee is also working on the modalities of setting up a rehabilitation system for victims. The Committee requests once again 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.

The Committee notes an absence of information on this point in the Government’s report. The Committee hopes once again that section 266 of the Penal Code will be either repealed or amended, to ensure that the 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 once again 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.

Adequate penalties. The Committee previously hoped that section 266 of the Penal Code, under which compelling a person to labour is punishable with a misdemeanor will be either repealed or amended, to ensure that the exaction of forced labour is punishable as a penal offence and that the penalties imposed are adequate.