Labour Inspection Convention, 1947 (No. 81) - Kenya (Ratification: 1964)

Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on labour inspection, the Committee considers it appropriate to examine Conventions Nos 81 (labour inspection) and 129 (labour inspection in agriculture) together.

Article 3(2) of Convention No. 81 and Article 6(3) of Convention No. 129. Additional functions entrusted to labour inspectors. In its previous comment, the Committee noted that a large portion of the time of labour inspectors was devoted to mediating individual and collective labour disputes, at the expense of carrying out inspection visits. In this respect, the Committee requested the Government to indicate the measures taken or envisaged to ensure that the conciliation functions entrusted to inspectors do not interfere with their primary duties, and to provide information on any measures taken or envisaged to establish the Conciliation and Mediation Commission, which was recommended by the ILO labour administration and inspection needs assessment of 2010 (the 2010 audit). The Committee notes that the Government has not provided information in this respect. According to the Government’s indications in its report, apart from conciliation functions, labour inspectors are entrusted with undercover investigative duties while conducting their normal labour audits in the context of a multiagency approach towards reducing human trafficking and smuggling of migrants at the workplaces. The Government indicates that suspect information and other data gathered is then sent by the labour inspectors to the relevant authorities within the Kenya Police Service and the Directorate of Criminal Investigations. The Committee once again requests the Government to indicate the measures taken or envisaged to ensure that the conciliation functions, as well as any other additional functions such asundercover investigative duties, entrusted to labour inspectors do not interfere with their primary duties. It reiterates its request that the Government provide information on any measures taken or envisaged to establish the Conciliation and Mediation Commission.

Article 5(b) of Convention No. 81 and Article 13 of Convention No. 129. Collaboration between labour inspectors and employers and workers. The Government indicates in its report that it has set up procedures which ensure effective consultations between representatives of the Government, employers and workers in matters concerning labour administration and inspection in various sectors including agriculture. In this respect, the Committee notes that the Government has appointed representatives of workers and employers (including representatives from agricultural undertakings who primarily engage in internal control functions), to Boards of State bodies to represent their interests, including before the National Labour Board. The Government indicates that the trade unions engage in private inspections and apply reporting mechanisms with the aim of ensuring that the negotiated collective bargaining agreements in the agricultural sector are being implemented. Furthermore, the Committee notes that the Occupational Safety and Health Services officers undertake occupational safety inspection in conjunction with the works committees. The Committee requests the Government to continue to provide information on measures taken or envisaged to promote effective collaboration between labour inspectors and employers’ and workers’ organizations, including further information on the nature of inspection activities and reporting mechanisms carried out by trade unions.The Committee reiterates its request that the Government provide information on any activities of the National Labour Board related to labour inspection, and to provide any relevant reports or documents in this regard.

Article 6 of Convention No. 81 and Article 8 of Convention No. 129. Conditions of service of labour inspectors. In its previous comment, the Committee took note of the budgetary constraints referenced in the Government’s report and requested the Government to indicate the steps taken or envisaged to gradually improve the conditions of service of labour inspectors, including their remuneration levels and conditions for career advancement. The Government indicates that the scheme of service for labour officers is being considered for review. It further indicates that under the current scheme, the Inspectorate staff is employed by the Government under the Ministry of Labour and Social Protection on permanent and pensionable employment terms. The Committee reiterates its request that the Government indicate the steps taken or envisaged to gradually improve the conditions of service of labour inspectors, including their remuneration levels and conditions for career advancement. In this respect, the Committee requests the Government to provide information on the progress made in the review of the scheme of service for labour officers, including information comparing the remuneration levels and career advancement prospects of labour inspectors with the levels and prospects of officials charged with similar responsibilities such as tax inspectors and the police.

Article 7 of Convention No. 81 and Article 9 of Convention No. 129. Recruitment and training of labour inspectors.Regarding the arrangements made to ensure the training of labour inspectors, the Government indicates that upon recruitment, all labour inspectors follow an induction training course, and, upon subsequent fiscal periods, various training programs take place. In this respect, the Committee notes that the Ministry of Labour and Social Protection has training projections on an annual basis based on the budget allocations for each fiscal year, the training needs for a particular area of expertise, and other training needs of inspectors. However, the Government does not provide specific information on the training activities actually undertaken during the reporting period, their frequency, duration, number of participants and subjects covered. The Government indicates that labour inspectors are recruited on the basis of their qualifications and academic merit with the sole conditions being the legal age, sound mind and Kenyan Citizenship. The Committee recalls that the 2010 audit suggested that when considering future recruitment, the Ministry of Labour should ensure that inspectors have some level of technical background in their respective areas of specialization based on standard qualification requirements. The Committee reiterates its request that the Government provide detailed information on the training activities undertaken, including the frequency, duration, number of participants and subjects covered.The Committee once again requests that the Government provide specific information on any measures taken or envisaged pursuant to the recommendations of the 2010 audit with regard to the recruitment of inspectors.

Articles 13 and 14 of Convention No. 81 and Articles 18 and 19 of Convention No. 129. Reporting and investigation of occupational accidents and cases of occupational disease. The Committee notes that according to the Government’s indication, all industrial accidents and sporadic outbreaks of diseases at the workplace are immediately notified to the Minister of Labour through the Directorate of Occupational Safety and Health Services (DOSHS) county offices. It further notes that the Government aims to improve documentation of all occupational diseases by mainstreaming basic OSH in the industries and by developing a regional institute for research and training in OSH, as well as a national institute for OSH. The Committee requests the Government to continue to provide information on measures taken to improve the reporting of occupational accidents and diseases, including on the progress made in the creation of a regional institute for research and training on OSH and the national institute for OSH. The Committee requests the Government to indicate the number of occupational accidents and cases of occupational disease reported and the number of investigations conducted by labour inspectors, as well as specific information on the action taken following these investigations (improvement or prohibition notices, prosecutions and penalties imposed).

Articles 5(a), 17 and 18 of Convention No. 81 and Articles 2(1), 22, 24 of Convention No. 129. Enforcement of legal provisions relating to the conditions of work and the protection of workers. Effective cooperation between the labour inspection services and the justice system. Noting that the Government does not provide information responding to the Committee’s previous comment, the Committee reiterates its request that the Government provide statistical information in its next report on the violations giving rise to the cases referred by labour inspectors to the industrial court, the legal provisions to which the cases relate, as well as outcome of these cases (including the specific penalties applied). It also reiterates its request that the Government provide information on any measures taken or envisaged to enhance effective cooperation between the labour inspection services and the judicial authorities.

Articles 20 and 21 of Convention No. 81 and Articles 26 and 27 of Convention No. 129. Preparation of an annual inspection report and contents to be covered. The Committee notes that periodic reports of labour inspectors from all 47 stations countrywide are submitted to the head office on a monthly basis, and that office in turn prepares an annual report. The Government indicates that the Central Authority for purposes of reporting is the Ministry of Labour and Social Protection, which receives monthly reports from the labour inspectors. The Committee notes that no annual labour inspection report has been received and that the Government’s report does not include all information on the subjects listed in Article 21 of Convention No. 81 and Article 27 of Convention No. 129. The Committee requests the Government to take the necessary measures to ensure that annual labour inspection reports are prepared, published and communicated to the ILO, and that they are drafted in such a way that they give an overview of the functioning of the labour inspection system, containing information on all the subjects listed in Article 21 of Convention No. 81 and Article 27 of Convention No. 129. The Committee also requests the Government to indicate whether any measures have been taken in order to establish a register of enterprises.

Observation (CEACR) - adopted 2022, published 111st ILC session (2023)

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on labour inspection, the Committee considers it appropriate to examine Conventions Nos 81 (labour inspection) and 129 (labour inspection in agriculture) together.

Articles 3(1), 4 and 5(b) of Convention No. 81 and Articles. 6(1), 7 and 13 of Convention No. 129. Structure of the labour inspection system, cooperation between inspection services and supervision and control by a central authority.In its previous comments, the Committee noted the absence of an individual or a department with oversight responsibility for the various inspection activities, as well as the limited cooperation between the two inspection systems under the Department of Labour (DOL) and the Department of Occupational Safety and Health (DOSH). In its report, the Government indicates that the two inspectorate services under the DOL and the DOSH were placed under a common oversight authority, the State Department of Labour, which is also the central authority for purposes of reporting. The Committee also notes that the Government refers to the development of more measures to centralise supervision and control of both departments but does not indicate whether the post of chief inspector has been established and filled. Therefore, the Committee requests the Government to provide information on additional measures taken toward the centralization of supervision and control of the two inspection systems, including the possibility of placing labour inspection under the responsibility of one chief inspector who would be responsible for the overall coordination of the Ministry of Labour’s inspection services. In this respect, it requests the Government to indicate whether the post of chief inspector has been established and filled.

Articles 10, 11 and 16 of Convention No. 81 and Articles 14,15 and 21 of Convention No. 129. Lack of human and material resources and appropriate means of transport. Efficiency of inspections. In its previous comments, the Committee noted that the resource constraints in budgetary allocation led to a lack of inspectorate staff, lack of material resources, including facilities, and lack of transport, which affected the efficient delivery of labour inspection services, including in the agricultural sector. It further noted that the civil service was undergoing a reform and that subsequently, understaffed and under-resourced departments would benefit from the deployment of personnel from overstaffed agencies. In its report, the Government indicates that it has put in place measures to boost institutional capacity of the inspectorates to enhance resource allocation and effective enforcement of laws. The Committee notes that 40 officers were employed by the Ministry at the entry level of its inspectorate service in both the DOL and the DOSH in 2017. It further notes that the inspectorate staff has designated authorized officers under section 35 of the Labour Institutions Act (powers of labour officer), but the Government does not indicate the number of the nominated officers and the time of their appointment. The Committee notes the Government’s indication that the geographical distribution of the inspectorate staff to all 47 counties aims at ensuring adequate representation and coverage of all sectors. The Government indicates that the labour inspectorate staff are provided with operational offices fully equipped for administration purposes and for the effective performance of their duties. Furthermore, according to the Government, staff reimbursements are adequately provided on instances where the labour inspectors need to use their own funds for the performance of their duties. However, the Committee notes that due to continued funding problems, the challenge remains of inadequate transport, in terms of required vehicles that would allow for movement to the various vast regions of the country. The Committee requests the Government to continue to provide information on the measures taken or envisaged, including within the framework of the civil service reform, to ensure that the number of labour inspectors is sufficient to secure the effective discharge of the duties of the inspectorate. It requests the Government to provide detailed information on the number of labour inspectors working for the DOL and the DOSH, indicating their years of experience, areas of specialization, and geographical distribution. Noting the funding constraints, the Committee requests the Government to provide information on the steps taken or envisaged to ensure that the labour inspectorate is provided with the material resources and transport facilities necessary for the effective performance of their duties.

The Committee is raising other matters in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

Referring to its observation, the Committee wishes to raise the following additional points.

Article 3(2) of the Convention. Additional functions entrusted to labour inspectors. The Committee previously noted that, according to the labour administration and inspection needs assessment conducted in 2010 by the ILO (2010 audit), although all labour officers have the capacity of labour inspectors, they assume the front line responsibility for mediating individual and collective labour disputes, with a large portion of their time devoted to this function, at the expense of carrying out inspection visits. The 2010 audit recommended the establishment of a Conciliation and Mediation Commission, as envisaged in the Labour Relations Act 2007, among others, to relieve labour officers/inspectors from the responsibility of conciliating disputes. The Committee notes the information in the Labour Commissioner’s Annual Report of 2012 that 913 industrial trade disputes were settled by the Department of Labour during the year under review, but this report does not indicate which staff were involved in this mediation. With reference to paragraph 72 of its 2006 General Survey on labour inspection, the Committee emphasizes that the time and energy that labour inspectors spend on seeking solutions to collective labour disputes, especially in a situation where resources are scarce, are often at the expense of the performance of their primary duties, as defined in Article 3(1) of the Convention. The Committee asks that the Government indicate the measures taken or envisaged to ensure that the conciliation functions entrusted to them do not interfere with their primary duties, and to provide information on any measures taken or envisaged to establish the Conciliation and Mediation Commission.

Article 5(b). Collaboration between labour inspectors and employers and workers. The Committee previously noted the information in the 2010 audit that labour inspectors do not work regularly with workers and employers or their organizations, whether in terms of policy planning, programming or awareness raising. The 2010 audit recommended that the Ministry of Labour make appropriate arrangements to promote such collaboration, for instance by using the National Labour Board as a consultative body to discuss matters related to labour and occupational safety and health (OSH) inspection, or to encourage the social partners to collaborate between themselves at the enterprise level to improve voluntary labour law compliance at the workplace. The Committee notes the information in the Labour Commissioner’s Annual Report of 2012 that the National Labour Board held two meetings in 2012. The Committee asks that the Government provide information on any activities of the National Labour Board related to labour inspection, and to provide any relevant reports or documents in this regard. The Committee also asks that the Government provide information on any measures taken or envisaged to promote collaboration between the labour inspection services and the social partners at the enterprise level.

Article 6. Conditions of service of labour inspectors. The Committee previously noted that according to the 2010 audit, the salaries of labour officers are very low and often barely adequate to meet the cost of living requirements. The audit also indicated that there is no clear career path for labour officers, with limited professional development and promotion. The Committee notes the information in the Labour Commissioner’s Annual Report of 2012 that the Department has yet to recruit staff for a significant number of vacant positions – it has only 94 technical officers against an authorized establishment of 298 technical staff. With reference to paragraph 204 of its 2006 General Survey on labour inspection, the Committee recalls that it is vital that the levels of remuneration and career prospects of inspectors are such that high-quality staff are attracted and retained in the profession, and protected from any improper influence. Taking note of the budgetary restraints referenced in the Government’s report, the Committee asks that the Government indicate the steps taken or envisaged to gradually improve on the conditions of service of labour inspectors, including their remuneration levels and conditions for career advancement.

Article 7. Recruitment and training of labour inspectors. The Committee notes the statement in the Labour Commissioner’s Annual Report of 2012 that the staff of the Department of Labour need training to meet the new challenges in respect of the public’s expectation of services following the promulgation of a new constitution in 2010. It also notes the indication in the Annual Report for 2012–13 of the Directorate of Occupational Safety and Health Services that there is a need for continuous technical skill development for OSH officers. This report indicates that, in the absence of government funding, officers have to cover the costs of this training themselves and that many officers have had to take on loans for this purpose. The Committee asks that the Government take measures to ensure that the necessary training is provided to labour inspectors, and to provide information on the activities undertaken in this regard (including the frequency, duration, number of participants and subjects covered). It also asks that the Government provide information on any measures taken or envisaged pursuant to the recommendations of the 2010 audit with regard to the recruitment of inspectors.

Article 14. Reporting and investigation of occupational accidents and cases of occupational disease. The Committee notes the statement in the Annual Report for 2012–13 of the Directorate of Occupational Safety and Health Services that, while reporting an accident is a requirement under the Occupational Safety and Health Act, this reporting remains poor and in most cases is not done within the stipulated time. This contributes to the difficulty in investigating such accidents. With respect to the reporting of occupational diseases, the Committee notes that while the Labour Commissioner’s Annual Report of 2012 indicates that there was no data available for the number of occupational diseases, the Annual Report of the Directorate of Occupational Safety and Health Services indicates that 1,011 workers were diagnosed with occupational diseases during the year. The Committee encourages the Government to strengthen its efforts to improve information sharing between the Department of Labour and the Directorate of Occupational Safety and Health Services with respect to occupational accidents and diseases. The Committee also asks that the Government take the necessary measures to improve the reporting of occupational accidents and diseases, and to provide information on progress achieved in this regard.

Articles 5(a), 17 and 18. Enforcement of legal provisions relating to the conditions of work and the protection of workers. Effective cooperation between the labour inspection services and the justice system. The Committee notes that the Industrial Court Act, adopted in 2011, established the Industrial Court. The Committee also notes the information in the Labour Commissioner’s Annual Report of 2012 that a total number of 75 cases were referred directly to court by the Department of Labour in 2012. Fifty of these cases were finalized and 25 cases were pending in court. It also notes the information in the Annual Report for 2012–13 of the Directorate of Occupational Safety and Health Services that 68 prosecutions were initiated against owners of premises who failed to comply with the provisions of the Occupational Safety and Health Act. The Committee asks that the Government provide statistical information in its next report on the violations giving rise to these cases, the legal provisions to which the cases relate, as well as outcome of these cases (including the specific penalties applied). It also requests that the Government provide information on any measures taken or envisaged to enhance effective cooperation between the labour inspection services and the judicial authorities.

Articles 5(1), 20 and 21. Annual report on labour inspection activities. The Committee notes that the Labour Commissioner’s Annual Report of 2012 contains information on a number of subjects required under Article 21(a)–(g) of the Convention, including the number of inspections undertaken, the number of labour inspectors, and the number of industrial accidents, but it does not contain information on the number of workplaces liable to inspection and the number of workers employed therein, or the number of violations detected and penalties imposed. The Committee also notes the Government’s statement that there has been no improvement in the data capture system and collection of OSH statistics. The Government further indicates that there is a need for technical assistance from the ILO for the development of an integrated system of labour inspection data collection and storage system cutting across all the agencies engaged in labour inspection. With reference to the recommendations of the 2010 audit, the Committee requests that the Government pursue its efforts towards the improvement of the data capture system, including through inter-institutional cooperation with other government bodies and public or private institutions with a view to the establishment of a register of enterprises. It encourages the Government to make a formal request to the Office for technical assistance in this regard. The Committee also requests that the Government take measures towards ensuring that future annual reports contain complete information on all the subjects listed in Article 21(a)–(g), including the number of workplaces liable to inspection and the number of workers employed therein, as well as data on the violations detected and the number and nature of the penalties imposed.

Observation (CEACR) - adopted 2014, published 104th ILC session (2015)

Technical assistance. Labour administration and inspection needs assessment. The Committee previously noted that a labour administration and inspection needs assessment was conducted in 2010 by the ILO, following a request for technical assistance by the Government. It noted the Government’s indication that it was studying the recommendations of this audit. The Committee notes the Government’s statement in the present report that, with regard to the recommendations of the 2010 audit, efforts are ongoing to formulate rules and regulations to operationalize some sections of the Employment Act 2007, the Labour Institutions Act 2007 and the Labour Relations Act 2007. The Government indicates that otherwise there are no major developments with regard to the recommendations of the 2010 audit. The Committee asks that the Government pursue and strengthen its efforts to give effect, in law and practice, to the provisions of the Convention, in light of the recommendations made in the 2010 audit, and to continue to provide information on measures taken in this regard.

Articles 3(1), 4 and 5(b) of the Convention. Structure of the labour inspection system, cooperation between inspection services and supervision and control by a central authority. The Committee previously noted the information in the 2010 audit concerning the absence of an individual or a department with oversight responsibility for the various inspection activities, as well as the absence of institutional cooperation between the Labour Department, the Directorate of Occupational Safety and Health Services and the National Social Security Fund. The two inspection systems under the Labour Department and the Directorate of Occupational Safety and Health Services operate independently, with limited cooperation or collaboration. The 2010 audit recommended more effective cooperation between these inspection services to facilitate the exchange of workplace and inspection data and to encourage, where appropriate, the consolidation or sharing of resources, such as offices and transportation. The audit also suggested that the Government should consider placing labour inspection under the responsibility of one chief inspector who would be responsible for the overall coordination of the Ministry of Labour’s inspection services. Noting an absence of information on this point in the Government’s report, the Committee once again asks that the Government take all the necessary measures to ensure the operation of the labour inspection system under the supervision and control of a central authority. It asks that the Government provide information on any measures taken or envisaged to give effect to the above recommendations.

Articles 10, 11 and 16. Human resources and material means of the labour inspectorate and efficiency of inspections. The Committee notes the statement in the Labour Commissioner’s Annual Report of 2012 that understaffing, and in particular the lack of technical officers, (inspectorate staff) has affected the efficient delivery of services. The department has numerous vacancies and, as a result, several of the county labour offices have only one officer or none at all. The Committee also notes the Government’s indication in its report submitted under the Labour Inspection (Agriculture) Convention, 1969 (No. 129), that the civil service is undergoing a reform, and that subsequently, understaffed and under-resourced departments will benefit from the deployment of personnel from overstaffed agencies. The Committee further notes the statement in the Annual Report for 2012–13 of the Directorate of Occupational Safety and Health Services that a major challenge facing field officers is a lack of transport to cover all workplaces within their jurisdiction and low staffing levels. This has resulted in most inspections being undertaken in a limited area that could be reached inexpensively, such as on foot. The Committee asks that the Government make every effort to furnish the labour inspectorate with the resources that it needs to operate effectively. It urges the Government to take measures, including within the framework of the ongoing civil service reforms, to fill vacancies and to ensure that the number of labour inspectors is adequate in relation to the number of workplaces liable to inspection. It also asks that the Government take the necessary measures to ensure that these inspectors are provided with the material means and transport facilities necessary for the performance of their duties.

The Committee is raising other matters in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

With reference to its observation, the Committee would also like to raise the following points.

Articles 2(1), 3(1), 16, 17 and 23 of the Convention. Labour inspection activities in the informal sector. The Committee notes from the ILO labour administration and inspection needs assessment conducted at the request of the Government in 2010 (the “2010 audit”) that both labour inspectors and occupational safety and health (OSH) inspectors carry out visits in the informal sector, which is estimated to account for 70 to 80 per cent of the working population. Inspections of informal enterprises are however estimated to account for less than 10 per cent of all inspections. It further notes from the information in the audit 2010 that in recent years, the National Social Security Fund (NSSF) has embarked on a reform programme intended to enhancing social protection for a greater number of workers, including those in the informal economy through the establishment of a mandatory National Social Insurance Pension Scheme. However, the current legislation in force does not provide a definition of the informal economy or who counts as an informal worker. In light of the above, the Committee notes the recommendation in the audit 2010 that the Ministry of Labour (MOL) should further consider how labour inspection services, including prevention, advice and compliance measures, might be effectively extended to the large informal economy, for example, by instructing inspectors to include a certain number of informal enterprises among their visits to focus inspection activities or campaigns on specific categories of workers often found in the informal economy, such as agricultural workers.

With reference to its previous comments on the scope of workers covered by national labour legislation and the categories exempted, the Committee asks the Government to provide information on the adoption of any laws or regulations in this regard, and to provide a copy of the relevant texts to the ILO.

The Committee further asks the Government to provide information on any measures taken or envisaged to implement the recommendations of the 2010 audit, and to provide information on the activities carried out by the labour inspectorate in the informal economy (number of inspections in the different economic sectors, awareness-raising activities, etc.) and their outcome (such as the number of violations detected, the legal provisions concerned, the measures taken and the sanctions imposed, the cases notified to the social security institutions, etc.).

Articles 3(1), 4 and 5(b). Structure of the labour inspection system, cooperation between inspection services and supervision and control by a central authority. The Committee notes the information in the 2010 audit concerning the absence of an individual or a department with oversight responsibility for the various inspection activities, as well as the absence of institutional cooperation between the Labour Department, the Directorate of Occupational Safety and Health Services (DOSHS) and the NSSF. The two inspection systems under the Labour Department and the DOSHS operate independently, with limited cooperation or collaboration. The two departments use separate inspection forms and do not always share the same premises in the regions, joint visits are rare and there is only an occasional sharing of information and transport facilities. In this regard, the Committee notes the recommendations in the 2010 audit on the improvement of the rules and mechanisms for more effective cooperation between the abovementioned inspection services to facilitate the exchange of workplace and inspection data and to encourage, where appropriate, the consolidation or sharing of resources, such as offices and transportation. Furthermore, the 2010 audit suggests that the Government should consider placing labour inspection under the responsibility of one chief inspector who would be responsible for the overall coordination of the MOL’s inspection services. The Committee asks the Government to take all the necessary measures to ensure the operation of the labour inspection system under the supervision and control of a central authority, and to provide information on the measures taken or envisaged to give effect to the above recommendations, as well as to communicate copies of all relevant texts or documents.

Article 3(2). Additional functions entrusted to labour inspectors. The Committee notes from the 2010 audit that, although all labour officers have the capacity of labour inspectors, they assume the front line responsibility for mediating individual and collective labour disputes, with a large portion of their time devoted to this function, at the expense of carrying out inspection visits. The Committee would like to draw the Government’s attention to paragraph 72 of its 2006 General Survey on labour inspection, in which it emphasized that the time and energy that labour inspectors spend on seeking solutions to collective labour disputes, especially in a situation where resources are scarce, are often at the expense of the performance of their primary duties, as defined in Article 3(1) of the Convention. In this regard, it notes the recommendation in the 2010 audit concerning the establishment of a Conciliation and Mediation Commission, as envisaged in the Labour Relations Act 2007, amongst others to relieve labour officers/inspectors from their responsibility of conciliating disputes. The Committee asks the Government to indicate the measures taken or envisaged to relieve labour inspectors of the conciliation functions entrusted to them, and to provide information on any measures taken or envisaged to establish the Conciliation and Mediation Commission, as recommended in the 2010 audit, so that labour inspectors can assume their primary duties as defined in Article 3(1) of the Convention, and to carry out inspections in the highest possible number of industrial and commercial workplaces liable to inspection.

Article 5(b). Collaboration between labour inspectors and employers and workers. The Committee notes from the 2010 audit that labour inspectors do not work regularly with workers and employers or their organizations, whether in terms of policy planning, programming or awareness raising. In this regard, it notes the recommendation in the 2010 audit that the MOL should make appropriate arrangements to promote such collaboration, for instance by using the National Labour Board as a consultative body to discuss matters related to labour and OSH inspection, or to encourage the social partners to collaborate between themselves at the enterprise level to improve voluntary labour law compliance at the workplace. The Committee would be grateful if the Government would provide information on any measures taken or envisaged to promote such collaboration between the labour inspection services and the social partners, including through the National Labour Board and the National Council for OSH, in light of the recommendations in the 2010 audit.

Article 6. Conditions of service of labour inspectors. The Committee notes the information in the 2010 audit that within the MOL, the salaries of labour officers are very low and often barely adequate to meet cost of living requirements. Quarterly appraisal reports of staff members are routinely prepared and submitted to the labour department, but have little bearing on the promotion or advancement of officials. In fact, there is no clear career path for labour officers, with limited professional development and promotion. The Committee reminds the Government that, in accordance with Article 6 of the Convention, the inspection staff shall be composed of public officials whose status and conditions of service are such that they are assured of stability of employment and are independent of changes of government and of improper external influences. It wishes to emphasize, with reference to paragraph 204 of the 2006 General Survey on labour inspection, that it is vital that the levels of remuneration and career prospects of inspectors are such that high quality staff are attracted and retained in the profession, and protected from any improper influence. The Committee requests the Government to indicate the steps taken or envisaged to gradually improve on the conditions of service of labour inspectors, including their remuneration and wage levels, so that they are independent of improper external influences and enjoy the required neutrality for the proper discharge of their duties.

Article 7. Training of labour inspectors. The Committee notes the information in the 2010 audit that general labour inspectors do not typically have a relevant educational background, and that the absence of adequate initial and subsequent training hinders the development of the necessary skills and competencies to fulfil their role. The Committee notes however that OSH inspectors in Kenya generally have a specific technical background in their area of expertise (occupational medicine, engineering, etc.). The Committee notes the recommendation in the 2010 audit that the MOL should take steps to identify and prioritize the training needs of existing inspection staff and discuss further steps to strengthen the training capacity, for example, through the adoption and implementation of a training plan with the technical assistance of the ILO and the ILO Turin Centre. Such training should include the content of the new 2007 legislation to enable labour inspectors to enforce the law properly and to advise workers and employers about its requirements. Accompanying regulations or codes of practice should be developed for labour officers. Furthermore, when considering future recruitment, the MOL should ensure that inspectors have some level of technical background in their respective areas of specialization based on standard qualification requirements. The Committee asks the Government to provide information on any follow-up measures taken with regard to the above recommendations and to provide information on the training activities provided to labour inspectors during the period covered by its next report (frequency, duration, number of participants, subjects covered, etc.).

Articles 10, 11 and 16. Human and material resources of the labour inspectorate and efficiency of inspections. The Committee notes the information in the annual report of the Commissioner for Labour for 2011 on the number of staff in the Labour Department. It understands that the total number of labour inspectors/officers has increased from 82 in 2005 to 95 in 2011, and that there are 203 vacancies (106 vacancies in 2005), which means that some of the 49 county labour offices are staffed by one officer, while others still do not have any officers/inspectors at all. It further notes from the 2010 audit that the DOSHS has 58 technical officers and 21 specialists and technicians. The Committee notes that the findings of the 2010 audit show that resource challenges, including the lack of labour inspection staff, office equipment and transport facilities persist, and that there is little promise of improvement in the near future. With regard to particular means of transport, the Committee notes that almost all county labour offices have no vehicles and that workplaces are spread over large areas in remote zones outside the metropolitan centres. Furthermore, it notes that where there are no government vehicles, inspectors sometimes visit enterprises on foot or rely on public transport, but are not reimbursed for so doing. The Government notes however the information in the 2010 audit that the DOSHS expect that an OSH fund will be approved by Parliament, which is expected to greatly improve the resources available for the proper functioning of OSH services in Kenya. Furthermore, it notes the recommendations relating to the strategic allocation of resources for computers and vehicles to achieve the greatest impact. It should consider formalizing a policy on the sharing of resources, and on reimbursing labour officers who use public transport in the course of their work. With reference to its observation, the Committee asks the Government to make every effort to provide the labour inspection services with the necessary budgetary means for their effective functioning and to keep the ILO informed of any measures taken and the results achieved in this respect.

It also asks the Government to provide information on whether the above OSH fund has been approved, and if so, its impact on the functioning of the OSH services (improvement of human and material resources including transport facilities, number and quality of inspections, etc.).

Articles 5(a), 17 and 18. Enforcement of legal provisions relating to the conditions of work and the protection of workers. Effective cooperation between the labour inspection services and the justice system. The Committee notes the reference in the Government’s report to a number of developments which the Committee understands are likely to improve the enforcement of labour legislation and the prosecution of violations of labour law through improved accessibility to courts. In this regard, the Committee notes that the industrial court, which is currently one of the departments at the MOL, is expected to be established as part of the judiciary system. In addition to the industrial court, County Chief Magistrates Courts throughout the country have been entrusted with the competence to hear and determine all employment and labour relations cases within their respective jurisdictions. According to the information in the annual report of the Commissioner for Labour for 2011, a total of 11,297 inspections were conducted, and a total number of 50 cases were referred directly to the Industrial Court by the Department of Labour, of which 38 have been finalized and 21 are still pending. Furthermore, 53 cases were referred to the County Chief Magistrates Courts by labour prosecutors. However, more detailed information on the number of violations detected, the follow-up measures taken and their outcome is needed by the Committee to be in a position to make an informed assessment of the functioning of the system for the enforcement of sanctions for the violation of labour legislation.

Furthermore, with regard to the question raised previously by the Committee concerning the preparation of procedural rules and regulations for the Industrial Court, which the Government referred to in its last report as a means of encouraging due diligence and attention in the treatment by judicial bodies of violations reported by the labour inspectorate, it notes from the 2010 audit that these rules are currently being prepared by a committee of the National Labour Board.

The Committee asks the Government to provide statistical information on the number of violations detected, the legal provisions to which they relate, the number of cases submitted to the Industrial Court and the County Chief Magistrate Courts and their outcome (nature of the sanctions applied, amount of the fines imposed, etc.).

The Committee asks the Government to indicate any measures taken or envisaged to enhance effective cooperation between the labour inspection services and the judicial authorities (such as training provided to labour inspectors, public prosecutors and judges on the procedural and material aspects of labour law and inspection procedures, joint meetings to discuss practical aspects of cooperation, etc.).

It also once again asks the Government to provide a copy of any law or regulation governing the legal procedure of the industrial court, once these texts have been adopted.

Articles 5(1), 20 and 21. Annual report on labour inspection activities. The Committee notes that the annual report of the Labour Commissioner for 2011 has been published on the website of the Ministry of Labour (the last report related to 2005). This report contains information on the number of labour inspectors/officers, the number of labour inspections carried out in the different counties, the number of industrial accidents reported and aggregated by economic sector, and the total number of cases referred to the Industrial Court and the County Chief Magistrate Courts. However, the report does not contain statistics of workplaces liable to inspection and the number of workers employed therein, or statistics of occupational diseases. In this regard, the Committee notes that, according to the information in the 2010 audit, enterprise information is sent to the Ministry by labour officers who carry out inspections, but is not systematically organized, registered and used as a tool for planning inspection visits and monitoring progress in a given workplace. The Committee notes the recent review of the current data collection form (LD101), of which the Government has attached samples to its report, with a view to the more effective collection of statistics and data on the situation in workplaces. It also notes that the 2010 audit found that the introduction of an electronic system would be necessary for faster and easier access to information than the current paper-based system. The Committee finally notes the Government’s commitment, with reference to its general observations of 2009 and 2010 to make efforts to ensure inter-institutional cooperation between the labour inspection services and other government bodies and public or private institutions in possession of relevant data with a view to the establishment of a register of enterprises and the timely publication and communication of annual reports to the ILO.

With reference to the respective recommendations of the 2010 audit, the Committee asks the Government to provide further information on the efforts made to update the system for capturing data, including through inter-institutional cooperation with other government bodies and public or private institutions in possession of relevant data (such as the DOSHS, NSSF, the Directorate of Industrial Training, the tax authorities, chambers of commerce, local administrations, etc.) with a view, among other objectives, to the disaggregation of data by industrial and commercial establishments.

It also asks the Government to report on the measures taken to ensure that the annual reports on the work of the labour inspectorate contain all the information and statistics on labour inspection activities required by Article 21 (a) to (g) of the Convention, including the missing statistics of workplaces liable to inspection and the number of workers employed therein, statistics of violations and penalties imposed, and statistics of cases of occupational disease, and that they are published regularly and communicated to the ILO.

Articles 2(1), 3(1), 16, 17 and 23. Labour inspection and child labour. The Committee notes that the annual report of the Labour Commissioner for 2011 contains some information on activities by the labour inspectorate relating to child labour, although only for eight of the 49 counties. The Committee also notes the reference in the Government’s report to the training on project management of four officers from the child labour division of the Labour Department at the Kenya Institute of Administration, and various courses at the International Training Centre in Turin in the field of child labour for 17 government officials, of whom five were from the Ministry of Labour. Further to its previous comment in this regard, it asks the Government whether the child labour division has been provided with the necessary budgetary means to fulfil its mission.

In more general terms, the Committee asks the Government to describe the measures taken by the labour inspectorate with a view to securing the enforcement of the legal provisions relating to the employment of children and young persons (number and type of inspections and awareness-raising activities) and to provide information on their outcome (infringements detected, investigations, prosecutions, convictions and penal sanctions applied, remedies identified, etc.).

Observation (CEACR) - adopted 2012, published 102nd ILC session (2013)

The Committee notes with interest the Government’s indications that it is currently studying with a view to their implementation some of the recommendations made by the labour administration and inspection needs assessment conducted in 2010 (2010 audit) following a request by the Government for technical assistance. The recommendations of the assessment correspond to a large extent to the Committee’s previous comments on the application of the Convention. The Committee requests the Government to indicate the steps taken or envisaged with a view to providing for the application in law and practice of the provisions of the Convention, in light of the recommendations made in the 2010 audit, and to provide a copy of any texts adopted in this regard. Please also indicate any steps taken to obtain access to the necessary funds for this purpose through international cooperation.

Article 14 of the Convention. Reporting and investigation of occupational accidents and cases of occupational disease. The Committee notes that the Government, in reply to the Committee’s request to indicate the number of industrial accidents and cases of occupational disease reported in comparison with the number of investigations actually conducted, as well as the action taken following these investigations, merely states that 162 cases of occupational disease were reported to the Department of Occupational Safety and Health services (DOSH) without providing further details. The Committee also notes the information contained in the annual report of the Commissioner for Labour for 2011 on the total of 6,033 accidents in 2011, disaggregated by economic sector (of which 249 were fatal, and 5,774 non-fatal), and the indication that no data are available on the number of occupational diseases. The Committee has previously noted that section 25 of the Occupational Safety and Health (OSH) Act provides for the development and maintenance of an effective programme for the collection, compilation and analysis of OSH statistics covering occupational accidents and diseases, as well as the existence of an accident database in which information sent through the relevant accident reporting form (DOSH 1) is entered. In this regard, the Committee notes with interest the reference in the 2011 annual report of the Commissioner for Labour that arrangements to disaggregate data are being introduced. It also notes the indication in the Government’s report that the Labour Department is currently developing a database which will improve the data capture system and the collection of OSH statistics, and therefore give effect to the above section of the OSH Act. However, the Committee notes that the Government has not responded to its request to provide information on the measures taken to sensitize medical practitioners, which was indicated as a major cause of the inadequate functioning of the system of notification to the DOSH in practice. The Committee once again asks the Government to indicate the number of occupational accidents and cases of occupational disease reported in comparison with the number of investigations actually conducted, as well as the action taken following these investigations (improvement or prohibition notices, prosecutions and penalties imposed). It also once again asks the Government to take measures to sensitize medical practitioners (e.g. through awareness campaigns, the distribution of brochures or the organization of training sessions).

Please also provide information on any further progress made in the development of the above database to improve the data capture system and the collection of OSH statistics.

The Committee is raising other points in a request addressed directly to the Government.

Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

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

Repetition

Articles 5(a) and 21(e) of the Convention. Effective cooperation between the labour inspection services and the justice system. The Committee notes that it is envisaged to promote effective cooperation between the labour inspection system and the justice system with a view to encouraging due diligence and attention in the treatment by judicial bodies of violations reported by the labour inspectorate. In this regard, the Government indicates the development of procedural rules and regulations for the industrial court which complete the recently reviewed and adapted labour legislation. The Committee asks the Government to keep the ILO informed of any developments in terms of strengthening the above cooperation and, where applicable, to send a copy of any law or regulation adopted governing the legal procedure of the industrial court.

Article 2(1) and (23), and Article 3(1), of the Convention. Scope of labour inspectors. The Committee notes that Legal Notice No. 227/1990, which exempted establishments located in export processing zones (EPZs) from the application of the health and safety legislation, is now null and void and that the provisions of the Occupational Safety and Health (OSH) Act apply to all workplaces, including those in EPZs.

It further notes that the services of the Department of Occupational Safety and Health carried out a total of 4,117 occupational safety and health inspections during the 2008–09 financial year. Although it indicates that the Department monitored the activities of the safety and health committees established under section 9 of the OSH Act and trained 5,150 labour inspectors, the Government explains that it cannot provide information on the number of occupational safety and health committees established in industrial and commercial establishments in EPZs due to the limited capacity of the data-capturing system which does not segregate different workplaces. The Committee would be grateful if the Government would provide a copy of the court ruling which found Legal Notice No. 227/1990 to be null and void and if it would continue to keep the ILO informed of further inspection visits carried out by occupational safety and health officers. It requests the Government to make every effort to improve the data-capturing system with a view, among other objectives, to the disaggregation of data by industrial and commercial establishments, and to communicate the missing information in the near future.

The Committee notes that the categories of workers to be exempted from the scope of the Labour Institutions Act on labour administration and inspection, as provided for by section 4(3) of the Act, are to be specified by relevant rules and regulations. The Committee requests the Government to keep the ILO duly informed in this regard and to communicate a copy of any relevant rules and regulations.

Articles 10, 11 and 16. Adequate means of action and working conditions of labour inspection staff. Having expressed its concern at the persistent lack of labour inspection staff, office equipment and means of available transport facilities, the Committee regrets that, according to the Government, no progress has yet been made in this regard. Although fully aware of the difficulties that the country faces in the ongoing global recession and food crisis, the Committee nevertheless encourages the Government to do its utmost to seek international financial assistance to enable it to ensure sustainable resources for the effective functioning of the labour inspection services and to keep the ILO informed of any measures taken and the results achieved in this respect.

Article 14. Reporting and investigation of occupational accidents and cases of occupational disease. The Committee notes the description by the Government of its investigation procedure with regard to occupational accidents and cases of occupational disease: after reporting to the Director of the Occupational Safety and Health Services (DOSH) through the relevant accident reporting form (DOSH 1), occupational safety and health inspectors are sent to visit the scene of the accident, where they interview witnesses as well as the victim of the accident and collect other necessary evidence. The relevant report drafted following accident investigations constitutes the basis for action such as, where appropriate, improvement or prohibition notices, training, advice or prosecution. While the possibility to set up a tribunal to investigate occupational accidents and cases of occupational disease is foreseen in section 128 of the OSH Act, the Government sees no need to constitute such a tribunal as the DOSH has been entrusted with the investigation of these cases. Noting the indication that, in the years 2008 and 2009, a total of 291 accidents were investigated, the Committee would be grateful if the Government would indicate the number of occupational accidents and cases of occupational disease reported in comparison with the number of investigations actually conducted, as well as the action taken following these investigations (improvement or prohibition notices, prosecutions and penalties imposed).

The Committee notes that, according to the Government, the obligation set out in Article 22 of the OSH Act for medical practitioners to notify occupational diseases to the Director of the OSH Services is not functioning in a satisfactory manner in practice as medical practitioners, despite an existing list of 40 occupational diseases in the second schedule to the OSH Act, are not adequately sensitized, bearing in mind the complexity of diagnosing occupational diseases. The Committee urges the Government to take measures to sensitize medical practitioners (e.g. through awareness campaigns, the distribution of brochures or the organization of training sessions). Drawing the Government’s attention to the possibility of ILO technical assistance to this end, the Committee would be grateful if it would indicate any steps taken in this regard and the results achieved.

Articles 20 and 21. Annual report on labour inspection activities. The Committee notes that no annual report has been received, although the Government mentions an annual ministerial report under these Articles. It had noted in its previous report the obligation under Article 42(1) of the Labour Institutions Act for the Commissioner for Labour to prepare and publish, not later than 30 April of each year, a report on the activities undertaken in his/her department. The content of the report, as set out in Article 42(2), includes the information required under Article 21 of the Convention. It also noted that Article 25 of the OSH Act provides for the development and maintenance of an effective programme of the collection, compilation and analysis of occupational safety and health statistics covering occupational accidents and diseases, as well as the existence of an accident database where information sent through the DOSH 1 form is entered. The Committee once again requests the Government to provide information on the progress made in establishing a system to give effect to the requirements of Article 25 of the OSH Act in practice and any difficulties that have been encountered.

It urges the Government to ensure that an annual report, containing all the information and statistics on labour inspection activities required by Article 21 of the Convention, is published and communicated to the ILO.

Labour inspection and child labour. The Committee notes the Government’s indication that it has not yet provided the child labour division with any budgetary allocation due to financial constraints. However, it notes that under the Time-bound Programme for the elimination of child labour implementation with ILO–IPEC, training sessions have been organized for the labour inspectorate in the area of project management, strategic management, capacity building on child labour issues and the training of trainers. The Committee requests the Government to ensure, where applicable within the framework of international financial cooperation, that adequate resources are rapidly made available. It asks the Government to specify the content of the above training of labour inspectors, the number and function of the participants and the duration of the training, and to provide information on any further training in this regard, as well as on its impact on the level of observance of legal provisions relating to child labour.

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

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

Articles 5(a) and 21(e) of the Convention. Effective cooperation between the labour inspection services and the justice system. The Committee notes that it is envisaged to promote effective cooperation between the labour inspection system and the justice system with a view to encouraging due diligence and attention in the treatment by judicial bodies of violations reported by the labour inspectorate. In this regard, the Government indicates the development of procedural rules and regulations for the industrial court which complete the recently reviewed and adapted labour legislation. The Committee asks the Government to keep the ILO informed of any developments in terms of strengthening the above cooperation and, where applicable, to send a copy of any law or regulation adopted governing the legal procedure of the industrial court.

Article 2, paragraphs 1 and 23, and Article 3, paragraph 1, of the Convention. Scope of labour inspectors. The Committee notes with interest that Legal Notice No. 227/1990, which exempted establishments located in export processing zones (EPZs) from the application of the health and safety legislation, is now null and void and that the provisions of the Occupational Safety and Health (OSH) Act apply to all workplaces, including those in EPZs.

It further notes that the services of the Department of Occupational Safety and Health carried out a total of 4,117 occupational safety and health inspections during the 2008–09 financial year. Although it indicates that the Department monitored the activities of the safety and health committees established under section 9 of the OSH Act and trained 5,150 labour inspectors, the Government explains that it cannot provide information on the number of occupational safety and health committees established in industrial and commercial establishments in EPZs due to the limited capacity of the data-capturing system which does not segregate different workplaces. The Committee would be grateful if the Government would provide a copy of the court ruling which found Legal Notice No. 227/1990 to be null and void and if it would continue to keep the ILO informed of further inspection visits carried out by occupational safety and health officers. It requests the Government to make every effort to improve the data-capturing system with a view, among other objectives, to the disaggregation of data by industrial and commercial establishments, and to communicate the missing information in the near future.

The Committee notes that the categories of workers to be exempted from the scope of the Labour Institutions Act on labour administration and inspection, as provided for by section 4(3) of the Act, are to be specified by relevant rules and regulations. The Committee requests the Government to keep the ILO duly informed in this regard and to communicate a copy of any relevant rules and regulations.

Articles 10, 11 and 16. Adequate means of action and working conditions of labour inspection staff. Having expressed its concern at the persistent lack of labour inspection staff, office equipment and means of available transport facilities, the Committee regrets that, according to the Government, no progress has yet been made in this regard. Although fully aware of the difficulties that the country faces in the ongoing global recession and food crisis, the Committee nevertheless encourages the Government to do its utmost to seek international financial assistance to enable it to ensure sustainable resources for the effective functioning of the labour inspection services and to keep the ILO informed of any measures taken and the results achieved in this respect.

Article 14. Reporting and investigation of occupational accidents and cases of occupational disease. The Committee notes the description by the Government of its investigation procedure with regard to occupational accidents and cases of occupational disease: after reporting to the Director of the Occupational Safety and Health Services (DOSH) through the relevant accident reporting form (DOSH 1), occupational safety and health inspectors are sent to visit the scene of the accident, where they interview witnesses as well as the victim of the accident and collect other necessary evidence. The relevant report drafted following accident investigations constitutes the basis for action such as, where approproate, improvement or prohibition notices, training, advice or prosecution. While the possibility to set up a tribunal to investigate occupational accidents and cases of occupational disease is foreseen in section 128 of the OSH Act, the Government sees no need to constitute such a tribunal as the DOSH has been entrusted with the investigation of these cases. Noting the indication that, in the years 2008 and 2009, a total of 291 accidents were investigated, the Committee would be grateful if the Government would indicate the number of occupational accidents and cases of occupational disease reported in comparison with the number of investigations actually conducted, as well as the action taken following these investigations (improvement or prohibition notices, prosecutions and penalties imposed).

The Committee notes that, according to the Government, the obligation set out in Article 22 of the OSH Act for medical practitioners to notify occupational diseases to the Director of the OSH Services is not functioning in a satisfactory manner in practice as medical practitioners, despite an existing list of 40 occupational diseases in the second schedule to the OSH Act, are not adequately sensitized, bearing in mind the complexity of diagnosing occupational diseases. The Committee urges the Government to take measures to sensitize medical practitioners (e.g. through awareness campaigns, the distribution of brochures or the organization of training sessions). Drawing the Government’s attention to the possibility of ILO technical assistance to this end, the Committee would be grateful if it would indicate any steps taken in this regard and the results achieved.

Articles 20 and 21. Annual report on labour inspection activities. The Committee notes that no annual report has been received, although the Government mentions an annual ministerial report under these Articles. It had noted in its previous report the obligation under Article 42(1) of the Labour Institutions Act for the Commissioner for Labour to prepare and publish, not later than 30 April of each year, a report on the activities undertaken in his/her department. The content of the report, as set out in Article 42(2), includes the information required under Article 21 of the Convention. It also noted that Article 25 of the OSH Act provides for the development and maintenance of an effective programme of the collection, compilation and analysis of occupational safety and health statistics covering occupational accidents and diseases, as well as the existence of an accident database where information sent through the DOSH 1 form is entered. The Committee once again requests the Government to provide information on the progress made in establishing a system to give effect to the requirements of Article 25 of the OSH Act in practice and any difficulties that have been encountered.

It urges the Government to ensure that an annual report, containing all the information and statistics on labour inspection activities required by Article 21 of the Convention, is published and communicated to the ILO.

Labour inspection and child labour. The Committee notes the Government’s indication that it has not yet provided the child labour division with any budgetary allocation due to financial constraints. However, it notes with interest, that under the Time-bound Programme for the elimination of child labour implementation with ILO–IPEC, training sessions have been organized for the labour inspectorate in the area of project management, strategic management, capacity building on child labour issues and the training of trainers. The Committee requests the Government to ensure, where applicable within the framework of international financial cooperation, that adequate resources are rapidly made available. It asks the Government to specify the content of the above training of labour inspectors, the number and function of the participants and the duration of the training, and to provide information on any further training in this regard, as well as on its impact on the level of observance of legal provisions relating to child labour.

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

With reference to its observation, the Committee wishes to draw the Government’s attention to the following point.

Article 12, paragraph 1(a), of the Convention. Right of inspectors to enter workplaces freely: Timing of inspection visits. The 2007 Labour Institutions Act provides that a labour officer may, for the purpose of monitoring or enforcing compliance with any labour law, “at all reasonable times, enter, inspect and examine any land or building … in which the labour officer has a reasonable ground to believe that an employee is residing or is employed” (section 35(1)(e)). The Committee refers to its General Survey of 2006 on labour inspection (paragraphs 268–271) and recalls that the purpose of Article 12(1)(a) of the Convention, which provides that inspectors “shall be empowered to enter freely and without previous notice at any hour of the day or night any workplace liable to inspection” is to allow inspectors to carry out inspections, where necessary and possible, in order to ensure the protection of workers and in accordance with the technical requirements of inspection. Inspectors should also be authorized to decide when inspection of the workplace is appropriate. The Committee therefore requests the Government to clarify in its next report the practical scope of the expression “at all reasonable times” used in the 2007 Labour Institutions Act and to indicate how it is ensured that it is the labour officer who decides whether the time to visit an establishment or a workplace is or is not reasonable.

Observation (CEACR) - adopted 2008, published 98th ILC session (2009)

The Committee notes with interest the adoption in October 2007 of the Labour Institutions Act (Act No. 12 of 2007) containing provisions for labour administration and inspection (Part V); the Occupational Safety and Health Act (Act No. 15 of 2007, hereinafter the OSH Act) containing provisions on enforcement by occupational safety and health officers (Part IV); the Work Injury Benefits Act (Act No. 13 of 2007); the Employment Act (Act No. 11 of 2007); and the Labour Relations Act (Act No. 14 of 2007). The Committee would be grateful if the Government would provide detailed information in its next report on the application of the Convention in practice following this in-depth revision of Kenyan labour law. It wishes to draw the Government’s attention in particular to the following points.

Articles 2, paragraph 1, and 23 and Article 3, paragraph 1, of the Convention. Labour inspection and supervision of conditions of work. Scope of labour inspection. Referring to its previous comments on the supervision of occupational safety and health in establishments located in export processing zones (EPZs), the Committee notes the Government’s indication that it is envisaged that Legal Notice No. 227/1990, which exempts these establishments in EPZs from the application of the Factories and Other Places of Work Act (Cap. 514), will be rendered null and void following the entry into force of the new OSH Act. While noting that, following the entry into force of the OSH Act in 2008, the Factories and Other Places of Work Act has now been repealed (section 129(1) of the OSH Act), the Committee observes that, under section 129(2)(b) of the OSH Act, any subsidiary legislation issued before its commencement shall, as long as it is not inconsistent with it, remain in force until repealed or revoked by subsidiary legislation under the provisions of the OSH Act and shall, for all purposes, be deemed to have been made under this Act. The Committee therefore requests the Government to confirm that Legal Notice No. 227/1990 is now null and void and that, as a consequence, the provisions of the OSH Act apply to all workplaces, including establishments located in EPZs. If the Legal Notice is still in force, it requests the Government to take the necessary measures in the near future to repeal or revoke it.

The Government is also requested to provide detailed information and statistics in its next report on the inspections carried out by occupational safety and health officers, in accordance with section 32 of the new OSH Act, as well as on the safety and health committees established under section 9 of the Act in industrial and commercial establishments in EPZs.

With regard to the supervision of general conditions of work, the Committee notes that the 2007 Labour Institutions Act, which contains provisions on labour administration and inspection, applies to all workplaces, with the exception of the armed forces and the national youth service (section 4(1)). However, the Minister may, under certain conditions, exclude from its application “limited categories of employed persons in respect of whom special problems of a substantial nature arise” (section 4(2)) or “categories of employed persons whose terms and conditions of employment are governed by special arrangements” (section 4(3)). The Committee requests the Government to indicate whether any categories of workers have been excluded from the scope of the Labour Institutions Act under the above provisions and, if so, to specify the categories concerned.

Articles 6, 10, 11 and 16. Adequate means of action and the status and conditions of service of labour inspection staff. In its previous comments, the Committee emphasized the need to make budgetary resources available to the labour inspectorate on a sustainable basis to enable it to discharge its functions efficiently and to take appropriate measures to improve the status and conditions of service of labour officers. Referring to the freeze in public employment in the early 1990s, the Government indicates that the Ministry of Labour has requested an increase in its budgetary allocation for the recruitment of staff. In this regard, the Committee observes that, according to the annual report of the Labour Department for 2005 (the most recent report available), 82 posts of labour inspectors (category I) out of 106 were vacant in 2005. These vacancies not only entail fewer inspection activities, but also imply additional work for the labour officers in post, which inevitably affects the discharge of their regular duties.

Expressing concern at the persistent lack of labour inspection staff, the Committee urges the Government to take appropriate measures to recruit qualified staff and accordingly to strengthen the capacity of the labour inspection services. Referring to its previous comments on the office equipment and means of transport available to labour inspection staff, the Committee once again requests the Government to take measures to ensure that these resources are sustainable and to keep the ILO informed of any measures taken or envisaged to collaborate with political and financial decision-makers to that end.

Article 14. Reporting and investigation of occupational accidents and cases of occupational disease. The Committee notes that the notification of occupational accidents is provided for by section 21 of the OSH Act, under which the employer shall notify, in writing, the area occupational safety and health officer of an accident within seven days and inform him/her within 24 hours of the occurrence of a fatal accident. In addition, section 22 of the Work Injury Benefits Act provides that the employer shall report an accident to the Director of Occupational Safety and Health Services within seven days after having received notice of the accident or learned that an employee has been injured in an accident. The Director must also be informed in writing within 24 hours in case of a fatal accident (section 21).

With regard to the investigation of accidents, in response to the Committee’s previous request concerning the reasons for the disparity between the number of occupational accidents and the number of investigations conducted, the Government explains that this is due to the delay between the occurrence of accidents and their notification, which takes place through regional offices, with the result that it becomes impossible to investigate them. In order to enable its officers to investigate accidents without delay, the Labour Department has come up with its own accident reporting form (DOSH 1) to be completed by the employer and sent directly to the Department. The Government adds that the data on occupational accidents in the new forms are entered into an accident database and the compilation of statistics on occupational accidents by the Department, undertaken by its Information Centre, will enable it to identify high risk occupations and enterprises and therefore to prioritize its inspection activities. The Committee notes this information with interest.

It further notes that the Work Injury Benefits Act requires the Director of the OSH Services, once notified, to make such inquiries “as are necessary” to decide upon any claim or liability (section 23). According to the OSH Act, the Minister may appoint a tribunal of competent persons to carry out a formal investigation of occupational accidents and diseases (section 128). The Committee would be grateful if the Government would describe in detail the investigation procedure with a view to identifying and eliminating occupational hazards that have caused accidents, and if it would indicate, inter alia, the “competent persons” responsible for such investigations, the action taken following investigations and their results.

With regard to occupational diseases, the Committee notes that, in accordance with section 22 of the OSH Act, such cases must be notified by medical practitioners to the Director of OSH Services. It would be grateful if the Government would supply practical information on the functioning of this notification system, as well as on the action taken thereon. It also asks it to indicate whether medical practitioners have at their disposal a list of occupational diseases and, if so, to send a copy to the ILO.

The Committee would also be grateful if the Government would ensure that the data compiled by the reporting system on occupational accidents and cases of occupational disease and their impact on the number of investigations conducted are reflected in the next annual report of the Labour Department, in accordance with Article 21(f) and (g) of the Convention.

Articles 20 and 21. Annual report on labour inspection activities. The Committee notes with interest that, under section 42(1) of the Labour Institutions Act, the Commissioner for Labour shall, no later than 30 April of each year, prepare and publish an annual report of the activities undertaken in his/her department. Furthermore, it also notes with interest that this report shall contain at the least information on developments with regard to relevant laws and regulations, staff under his/her jurisdiction, statistics of places of work to be inspected and number of persons employed therein, findings in the course of inspection, statistics of industrial accidents and occupational diseases, statistics of persons with disabilities in workplaces and any aids being provided by the employer, statistics of proceedings brought before the industrial court or other courts, and statistics of stoppages of work in the various sectors of industry (section 42(2)).

Noting also with interest that section 25 of the OSH Act provides for the development and maintenance of an effective programme of collection, compilation and analysis of occupational safety and health statistics covering occupational accidents and diseases, the Committee requests the Government to keep the ILO informed of the progress made in establishing this system in practice and any difficulties that have been encountered. The Committee trusts that the next annual report of the Labour Department will contain all the above information and statistics on labour inspection activities as envisaged by the law and required by Article 21 of the Convention, including separate data on the inspections carried out in industrial and commercial establishments located in EPZs, if any.

Labour inspection and child labour. The Committee notes that the Government is currently implementing the Time-bound Programme for the elimination of child labour with ILO/IPEC and that, as of March 2007, a total of 7,000 children had been prevented from being engaged in or withdrawn from child labour in ten districts and five towns. The Committee further notes that the elimination of the worst forms of child labour is one of the priorities set by the Decent Work Country Programme (DWCP) approved in August 2007. However, it observes the Government’s indication that it has not made any budgetary allocation to the Child Labour Division to maintain it beyond the Time-bound Programme. The Committee trusts that the Government will ensure the allocation of adequate resources for this purpose. It also trusts that ILO technical assistance within the framework of the DWCP will enable the Government to strengthen the capacity of labour inspectors to deal with this issue and combat effectively the worst forms of child labour. Emphasizing the role that labour inspectors can play in the protection of the health, safety and welfare of children, the Committee requests the Government to provide information on the training of labour inspectors on child labour issues, and particularly its worst forms, the activities undertaken and the results achieved. It would be grateful if the Government would also indicate the measures taken or envisaged to ensure effective collaboration between the labour inspection services and the Child Labour Division so as to enable a more rational use of the human and material resources available.

Observation (CEACR) - adopted 2006, published 96th ILC session (2007)

The Committee notes the Government’s report, the information in reply to its previous comments, the recently adopted legislative texts on working conditions and the annual reports for 2004 of the Labour Department and the occupational health and safety services as well as of the Labour Department for 2005, containing information and statistics on the labour inspection activities along with their results.

1. Availability of resources and efficiency of labour inspection activities. The Committee notes with interest that the equipment provided to the Ministry of Labour under the project on Strengthening Labour Relations in East Africa (SLAREA) by the acquisition of nine motorcycles, 12 computers, six printers, three fax machines and a photocopier have improved substantially the working environment of the inspection services. According to the Government, the motorcycles in particular were very useful for carrying out follow-up visits following complaints on child labour, while the office equipment (computers, printers and fax machines) have helped the provincial labour offices in preparing periodic inspection reports, management of correspondence related to contraventions and exchange of information with the Labour Department. In addition, the modern, multi-function photocopier machine installed at the head office has reduced costs in production of print work, especially inspection forms.

The Government indicates, furthermore, that the trainings conducted have also enhanced the level of awareness of inspectorate staff, thus improving their credibility.

Although these improvements appear to respond to financial concerns expressed in the abovementioned annual reports, they do so only partially and provisionally. For optimum use to be made, they must be reinforced by measures to make them permanent along with making resources available to the labour inspectorate to allow it to develop on the basis of needs. The establishment and input for an operational fund for maintaining road vehicles and office equipment and the acquisition of consumables (fuel, paper, ink cartridges, etc.) is highly desirable. Similarly, in order to strengthen the credibility of the labour inspectorate in general, measures to improve the status and conditions of service of labour inspectorate staff should be taken in order to attract and retain qualified and sufficiently motivated staff, shielded from any undue external influences. The implementation of such measures necessarily entails cooperation at the highest level between the labour inspection authorities and the political and financial decision-makers so that the budget allocated to labour inspection is fixed on the basis of the socio-economic objectives assigned to it, taking account of the extent and economic field to be covered, resources already available, and also, especially, the findings and needs shown in annual reports. The Committee trusts that the Government will soon be in a position to inform the Office of any measures taken or envisaged in this regard, as well as any difficulty encountered.

2. Labour inspection and child labour. The Committee notes with interest the establishment of a national databank on child labour accessible to all interested persons. According to the Government, 1,500 children have already been withdrawn from the labour market in eight districts and the issue of child labour has been incorporated into the development plan on economic recovery strategy for wealth and employment creation. The Committee notes with interest that the Government has undertaken to eradicate child labour and the employment of young persons in dangerous work by radical measures, such as schooling, readmission to school and the extension of the legal period of compulsory, free schooling, with efforts being directed particularly towards the identification of child heads of family and the implementation for them of measures on health, well-being, education and training, in both urban and rural areas.

The increase in unemployment of young people (16-39 years) during the economic depression, exacerbated by the lack of qualifications, resources and access to loans, has resulted, according to the Government, in turning some of these people to delinquency, begging and drugs. To remedy this situation, the Government states it has initiated collaboration with other actors and various programmes in the framework of the strategic plan, such as the creation of funds for the integration of young people, the promotion of self-employed work and other measures aimed at preparation for the move from school to work, vocational guidance, etc., and the supply of counselling and advice for running businesses.

The Government also indicates in its report that the Child Labour Division should, in the next financial year, receive resources to sustain its services beyond the Time-bound Programme. The Committee would be grateful if the Government could indicate the role played by the labour inspectorate in carrying out this programme and could supply information on the human, material and logistical resources made available for this purpose; the actions the labour inspectorate has conducted in this framework and the results; and the difficulties encountered.

3. Labour inspection and supervision of working conditions. Referring to its previous comments in which the Committee noted that many jobs had been created in the export processing zones (EPZs) and requested information on the real scope of labour inspectors’ powers in establishments in these zones, the Committee notes that, while the Labour Department is not barred from carrying out inspections, establishments in the EPZs are nevertheless exempt, under Ministerial Order Legal Notice No. 227/1990, from the application of the provisions of the Factories and Other Places of Work Act (CAP 514). Noting furthermore that enterprises in the EPZs are individually approaching the enforcing authority in pursuit of compliance certificates with the safety and health legislative provisions, the Committee requests the Government to keep the ILO informed of progress in the project to repeal the abovementioned Legal Notice No. 227/1990 and, in addition, to supply details and clarification on the fields of competence of the labour inspectorate in enterprises in the EPZs and the scope of the powers exercised in practice there by labour inspectors and to supply a copy of any text governing the working conditions and protection of workers employed there.

The Committee notes that, according to Legal Notice No. 31 of 2004 issuing rules on the Factories and Other Places of Work Act, employers are compelled to establish a safety and health committee at any factory or workplace which regularly employs 20 or more workers. The Committee requests the Government to indicate the line of division between the responsibilities of the labour officers and of the safety and health committees concerning labour inspection, in regard to the exercise of powers of examination and follow-up of contraventions as provided in Articles 12, 13 and 17 of the Convention.

The Committee also requests the Government to supply information on the practical scope of this rule, to specify whether it is intended or envisaged to subject employers operating in the EPZs to a requirement to establish safety committees and, if so, to supply copies of the relevant texts.

4. Activities and results of the labour inspection services. The Committee notes with interest the progress made in the presentation and analysis of information and statistics on inspection activities and their results by the Labour Department and the Directorate of Occupational Health and Safety Services. The Committee notes that, whereas the report concerning inspection on occupational health and safety contains figures relating to the establishments liable to inspection, information of this type is lacking in the report concerning the inspection of general labour conditions. It seems, in fact, that a considerable proportion of inspection activities for the latter focus on labour conflicts and their outcome. According to the Labour Department’s annual report, strikes and social conflict are most often unleashed through failure by the employers to fulfil their obligations in regard to payment of wages, dismissal conditions, employment conditions and wage conditions, and recognition of trade union rights in particular. The occupational health and safety inspection shows that in 2004, out of 2,382 workplaces inspected, out of which 751 were visited more than once, only one prohibition notice was issued, 41 improvements notices were served and some 30 were subject to legal proceedings. Yet, over the same period, 1,387 occupational accidents were reported, including 95 fatal accidents; according to the report, these figures reflect the situation only partially, and the number of victims is not given. The annual reports of the two competent administrations reveal the ineffectual nature of an essentially educational and teaching approach by the inspectorate and suggest, for greater efficiency, that the repressive function of supervising the relevant legislation should be given greater importance.

The occupational accident statistics show that no investigation has been carried out in the central region following 85 occupational accidents, including one fatal, or in the eastern region where 26 accidents were reported, including 19 fatal accidents, or again in the western region, despite there being 98 accidents, including four fatal ones. It is noted, furthermore, that 19 investigations were held on 103 accidents, including 19 fatal accidents in Nairobi, 13 for 132 accidents, including eight fatal ones in the Rift Valley, and 15 for 126 accidents, including 42 fatal accidents in the coast region. The Committee would be grateful if the Government would indicate the reasons for the disparity between the large number of accidents, including fatal ones, and the number of investigations conducted to establish their cause. It also requests the Government to indicate the measures taken or envisaged, on the one hand, to identify high-risk occupations and enterprises and, on the other hand, to carry out supervision of legal provisions relating to occupational health and security in them.

The Committee also requests the Government to communicate information on the follow-up given by the central inspection authority and by the other competent authorities to the findings and recommendations contained in the annual labour inspection reports.

Observation (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes the Government’s brief report, in which it indicates that the information sent in reply to its previous comments will be forwarded as soon as it is available. It hopes that this information will be supplied as soon as possible so that it may be examined at the Committee’s next session and that additional information will be included on the following points.

1. Equipment and working environment of the inspection services. The Department of Labour’s annual report attached to the Government’s report describes the main operational difficulties that the various bodies of the labour administration come up against: the inadequacy of means of transport and the problems in maintaining existing means, the lack of computers and the poor working environment of the offices. It emphasizes the importance, for the credibility of the inspection services, of their ability to portray the best possible image to the social partners. The Department of Labour was able to acquire equipment thanks to the technical cooperation project Strengthening Labour Relations in East Africa (ILO/SLAREA). The Committee would be grateful if the Government would state how much of this equipment was allocated to the labour inspection services, indicating its nature and any resulting improvements in the operation of the inspection services.

2. Labour inspection and child labour. The Government also sent the final draft of the Ministry of Labour’s report: "National Child Labour Policy towards a Child Labour Free Society" which recommends, among other strategies that the inspection services should be reinforced so as to ensure, at the very least and until the objectives sought have been met, that the working conditions of children who are still obliged to work are improved, and that a database on child labour should be established and maintained. It also recommends that the issue of child labour should be incorporated into development plans and that it should be allocated resources in the national budget. The Committee hopes that the Government will provide information on the impact these recommendations have had in practice and on the role that labour inspectors play in the endeavours undertaken by the public authorities to combat child labour in the framework of the IPEC programme, in collaboration with the social partners and non-governmental organizations concerned.

3. Labour inspection and supervision of working conditions in workplaces located in export processing zones. Noting that employment has increased significantly in the past three years, particularly in export processing zones, the Committee would be grateful if the Government would provide an indication of the scope of the labour inspectors’ powers in the above workplaces and of the means at their disposal.

Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

Further to its previous comments, the Committee notes the Government’s report for the period ending May 2001 and the full information supplied in the annual reports of the Labour Department of the Ministry of Labour and Human Resource Development for 2000 and 2001. Noting the handwritten modifications made to the text of certain provisions of the Factories Act, the Committee would be grateful to be provided with a copy of the definitive consolidated version of the Act.

1. Staff, means of action and duties of the labour inspectorate (Articles 10, 11, 12 and 16 of the Convention). The Committee notes that, despite the increase in the staff of the labour inspectorate during the course of 2001, the number of inspections carried out fell substantially due to the inadequacy of the resources of the inspection services, particularly with regard to transport and the forms required for inspections. The Committee notes that, in the annual reports for 2000 and 2001, the Labour Commissioner indicates, among the measures necessary to improve the effectiveness of its services, the need for training on computer equipment with a view to the analysis of data in the fields covered by the Ministry. From the point of view of the Committee, it is also indispensable to ensure that labour inspectors benefit from the mobility and working conditions that are necessary to discharge the inspections which should take up the majority of their working time, and which is an important source of relevant information. With the disastrous effects of the AIDS pandemic, the most important of which is certainly the increasing number of child workers, often in activities which are harmful to their physical and mental health, and in a general environment that is increasingly dominated by informal economic relations, it is urgent for the Government to include amongst its priorities the strengthening of all the human, material and financial resources with a view to supervising the application of legal provisions respecting conditions of work throughout the country. The Committee hopes that the Government will be able to provide information in its next report indicating that real progress has been made in this respect.

2. Labour inspection and child labour. The Committee notes with interest the document entitled "Child labour policy", describing the magnitude of the problem related to the tragic AIDS pandemic and which sets out the institutional, educational, economic, social, legal and health measures envisaged to reduce the phenomenon. The Government is requested to provide particulars on the manner in which it is planned that the strengthening of the factory inspection services will ensure the protection of young persons against occupational hazards and to provide a copy of the "Guide to labour" prepared by the labour inspectorate and mentioned in the above document.

Noting that the Ministry of Labour and Human Resource Development has been designated as the focal point for the implementation and coordination of the child labour policy, but that the problem of child labour also lies within the responsibility of workers’ and employers’ organizations, non-governmental organizations, including the Kenya National Union of Teachers (KNUT) and local institutions with the support of donors, the Committee requests the Government to provide regular information on the action taken and its results, as well as on the role entrusted to labour inspectors in the implementation of the above policy in coordination with the newly created Child Labour Division and the National Steering Committee on Elimination of Child Labour.

Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

With reference also to its observation, the Committee notes the Government's reports and the documents annexed thereto, in particular the annual report from the Labour Department, containing information on labour inspection teams and their training during service, on statistics regarding inspection visits and their results, in particular information on the inspections regarding child labour and the annual report of the workers' compensation section for 1998 which includes statistics on occupational accidents.

Noting that representatives from the Department of Labour Administration attended a regional meeting in Harare in September 1998 on integrated labour inspection, the Committee would be grateful if the Government would transmit information on the conclusions of this meeting as regards the objectives of the Convention.

The Committee draws the Government's attention to the following points.

Articles 11, 16, 18 and 21(e) of the Convention. It appears from the information contained in the annual report of the Labour Department that financial constraints and staff shortages continue to affect labour inspection activities. However, difficulties with respect to means of transport were overcome by the use, where possible, of public transport, and often by walking, when the establishments to be inspected were located close to the premises of the inspectorate. The Committee recalls that it is imperative that all workplaces liable to inspection shall, in compliance with Article 16, be inspected as often and as thoroughly as is necessary to ensure the effective application of the relevant legal provisions. However, statistics on occupational accidents reveal a worrying increase between 1997 and 1998, with the majority of these accidents occurring in the private sector. Noting the information regarding the amounts allocated to victims and their families, the Committee recalls the necessity, in conformity with Article 18, to take steps also to ensure that the national legislation provides for adequate penalties for violations of the legal provisions enforceable by labour inspectors, and that such penalties should be effectively applied. The Committee explains in paragraph 263 of its 1985 General Survey on labour inspection that adequate penalties are those fixed at a sufficiently high level to have a dissuasive effect and that it would be decidedly regrettable if employers preferred to pay fines because they found them more economical than taking often costly occupational safety and health measures. The Committee hopes that the Government will communicate information in its next report on provisions governing the penalties applicable in cases of infringements within the meaning of Article 18 or, should such provisions not exist, to take the measures necessary in this connection. The Committee reminds the Government that statistics of violations and penalties imposed must, in conformity with Article 21(e), be icluded in the annual inspection reports.

Article 15. The Committee notes that labour inspectors give consideration to anonymous complaints on the grounds that they are the reflection of a real problem. Recourse to anonymity in the submission of complaints suggests that the principle of confidentiality of the source of complaints, as specified under Article 15(c), is insufficiently secure. The Committee requests the Government to address this crucial question on which respect for legal provisions often depends, especially provisions relative to occupational safety and asks it to take steps to re-establish the confidence of workers in this sphere and to supply the ILO with information on all measures adopted accordingly.

Article 8. The Committee notes with interest the information regarding the ILO technical cooperation programme aimed at promoting equality for women in employment as well as the cooperation programme established with the UNDP regarding Gender Mainstreaming and Advancement of Women. It recalls, in this connection, that pursuant to this provision, both men and women shall be eligible for appointment to the inspection staff. The Government is requested to supply information on the manner in which effect is given to this provision which provides, inter alia and where necessary, that special duties may be assigned to men and women inspectors.

Article 20. The Committee requests the Government to indicate whether, as provided under paragraph 2 of this Article, the annual reports containing the information on the subjects listed in Article 20 are published. If not, it requests the Government to take all measures necessary in this connection and transmit information on these measures to the ILO.

Article 21(g). With reference to its earlier comments, the Committee notes the information that, in 1998, 244 medical cases were referred to the Director of Medical Services, of which 28 cases occurred in the public sector and the rest in the private sector. The Committee would be grateful if the Government would specify whether these are cases of occupational diseases and, if so, to provide information on the legal basis of identification of the occupational origin of certain diseases, as well as on the procedure for notification of occupational diseases. In addition, it requests the Government to take the measures necessary to establish a system preventing the risk of occupational diseases both in private and public enterprises as soon as possible.

Observation (CEACR) - adopted 1999, published 88th ILC session (2000)

The Committee notes with interest the activities undertaken by the labour inspection services in collaboration with the International Programme on the Elimination of Child Labour (IPEC) against child labour. In particular it notes that IPEC-allocated resources have enabled the development of a training programme for inspection personnel on the most appropriate methods of combating child labour and on the role of the labour inspectorate in reinforcing application of the relevant legislation through inspection visits, through action related to educational advice and through proceedings initiated in respect of infringements. The training also includes activities to inform employers, trade unions, non-governmental organizations and the population in general on the breadth of the problem of child labour and its consequences; seminars were organized with the Ministry of Labour working with IPEC and with the participation of other ministerial departments to inform the social partners and other interested parties and raise their awareness of the problem.

The Committee also notes with interest that the increase in numbers of inspection visits over the period covered by the Government's report is due not only to the implementation of the strategy to combat child labour developed in collaboration with IPEC, but to the determination of the Labour Department to increase both the quantity and quality of inspections and also to the enthusiasm of the public servants concerned, eager to improve their individual results. The Committee has learned from information sources available to the ILO of progress on the Bill on children, which includes provisions on the functions of labour inspectors and on their empowerment to initiate proceedings against employers violating the rights of children. These same sources of information indicate that the labour inspectors intervene in the formulation of district policy, especially as concerns child labour, by participating actively on the District Children Advisory Committees (DCACs) and the District Development Committees (DDCs). Moreover, the inspection reports drawn up by the inspectors on the basis of very detailed forms have enabled production of a manual used by the inspectors to train partners in the elimination of child labour. The Committee hopes that the Government will continue to supply information on progress achieved by the labour inspectorate in carrying out its main duties and, in particular, on the impact of preventive and coercive action undertaken by the labour inspectors in combating child labour.

The Committee is addressing a request on certain points directly to the Government.

Direct Request (CEACR) - adopted 1997, published 86th ILC session (1998)

Articles 10, 11 and 16 of the Convention. The Committee notes the information provided in the Government's report and in the 1996 annual report of the Directorate of Occupational Health and Safety Services (DOHSS). It notes the statistics provided on the number of inspections and the vehicles at the disposal of the labour department; the statistics of registered factories and of the number of workers employed as well as the information on the establishment of a database on labour inspection functions including all establishments visited by the labour inspection staff. The Committee notes the information that the number of inspections carried out in the last years has remained relatively low in comparison with the number of registered factories. This is confirmed by the chart of inspection visits which shows that the number of inspections after having progressed from 1990 to 1993, has been decreasing since 1994 through 1996. The Committee also notes that the inspection services are handicapped in the discharge of their duties by the inadequacy of financial resources, transport facilities, office accommodation, equipment and training. The Committee hopes that the Government will provide information on any steps taken to improve the human, financial and technical means at the disposal of the labour inspection to ensure that workplaces are inspected as often and as thoroughly as is necessary to ensure the effective application of the relevant labour legislation.

Articles 14 and 21. The Committee notes the information provided by the Government that industrial accidents and cases of occupational diseases are reported to the Directorate of Occupational Health and Safety Services. It notes, however, the indication by the Government that while statistics on occupational accidents are contained in the report of the Directorate, data on occupational diseases is not available for lack of resources. The Committee hopes that in future, statistics on occupational accidents as well as on occupational diseases will be compiled and published, such data being an important element in the evaluation of the impact of inspection on the safety and health of workers. It requests the Government to report on any progress made in this regard.

Direct Request (CEACR) - adopted 1995, published 83rd ILC session (1996)

Further to its previous comments, the Committee notes with interest the information provided by the Government in its report and the annual report of the Labour Department for 1994. The Committee also notes with interest the information that the benefits obtained from the completion of phase I of the ILO/Kenya Tripartite Labour Inspection Project have permitted the performance of the Labour Department and the Inspectorate in particular to be maintained in quality and in quantity. It hopes that the successful results of phase I will enable the continuation of the reforms started by obtaining funding for a phase II proposal. The Committee also hopes to revert to these positive developments under this Convention and under Convention No. 129 also ratified by Kenya.

Articles 14 and 21 of the Convention. Further to its previous comments, the Committee notes that the Government has not included information regarding the list of premises (7,000) that are subject to labour inspection as well as the number of workers employed therein, and the measures taken or contemplated to strengthen the inspection services with regard to notification of occupational diseases. The Committee further notes that, like previous reports, the annual Labour Department report for 1994 does not contain statistics on occupational diseases (Article 21(g)), and on the number of workplaces liable to inspection and the number of workers employed therein (Article 21(c)). The Committee hopes that all appropriate measures will be taken soon to include these particulars in future annual reports as required by these Articles of the Convention.

Direct Request (CEACR) - adopted 1995, published 82nd ILC session (1995)

The Committee notes the information provided by the Government in its report as well as the annual report of the Labour Department for 1991. The Committee also notes with interest the information and the attached documentation provided by the Government on the activities and goals achieved from 1991 to 1993 by the ILO technical cooperation project to strengthen labour inspection in Kenya. The Committee would be grateful if the Government would provide additional information on the following points:

Articles 8, 10, 11 and 16 of the Convention. The Committee notes with interest from the Government's report and the attached documentation on the ILO project noted above, that the number of inspections carried out increased from 3,601 in 1990 to a total of 16,132 in 1992, as a result of improved mobility of inspectors who were provided with proper transport, such as motorbikes. Please continue to provide information on the measures taken or contemplated to strengthen the staff of the inspection service throughout the country and to provide it with the transport and all other facilities necessary for the effective performance of its duties.

The Committee also notes with interest the Government's indication that there are 18 women inspectors, including six at senior management levels. Please continue providing information on the number of women appointed as inspectors and on any specific measures which promote the appointment of women inspectors.

The Committee further notes with interest the Government's statement that it is in the process of preparing a list of all premises (about 7,000) which are subject to labour inspection, as well as workers employed therein. The Committee hopes that with the establishment of such a list, it will be possible to inspect all industrial establishments (and agricultural undertakings as prescribed in Convention No. 129, ratified by Kenya in 1979) regularly. Please supply detailed information on any progress achieved in this respect. In addition, please continue to provide information on the measures that have been taken or are contemplated to strengthen the inspection service, particularly with regard to notification of occupational diseases (Article 14).

Articles 20 and 21. Further to its previous comments, the Committee notes that, like previous reports, the annual Labour Department report for 1991 does not contain statistics on occupational diseases (Article 21(g)), on the number of workplaces liable to inspection and the number of workers employed therein (Article 21(c)). In this respect, the Committee notes the Government's statement that in the future, all annual reports will be published within the time-limits set in Article 20 and will contain all the information required under Article 21. It hopes - as the Government anticipates - that all the appropriate measures will be taken soon to ensure that inspection reports are regularly compiled and published in accordance with these Articles of the Convention.

Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

The Committee notes the information provided by the Government in its report as well as the annual reports of the labour inspection services for 1989 and 1990. The Committee also notes with interest the information provided concerning the activities of a technical cooperation project, "Implementation of International Labour Standards: ILO Conventions Nos. 81, 129, 144 and 150; and Recommendations Nos. 81, 82, 133, 152 and 158", executed by the ILO, in the light of which it would make the following comments:

Article 21. For a number of years the Committee has commented that the Government's annual reports have not included statistics of occupational diseases (point (g)). This is the case also for the 1989 and 1990 reports most recently received. The Committee notes that the 1989 and 1990 reports similarly do not indicate the number of workplaces liable to inspection and the number of workers employed therein (point (c)); further, the 1989 report provides statistics of penalties imposed for violations (point (e)), but the 1990 report does not. As the Committee has pointed out in the past, publication of an annual inspection report is required by the Convention because such a report provides a mechanism for monitoring and improving essential inspection activities. While the Committee notes that the Government has provided annual reports with useful information, it hopes that measures can be taken (and in particular with the cooperation of the ILO project) to ensure that each specific requirement of this Article is met.

Article 11, paragraph 1(b), and Article 16. The Committee notes that a number of motorbikes are being provided by the ILO project to improve mobility of inspectors. Please describe the impact of this on the frequency of inspection visits.

The Committee would also be grateful if the Government would provide with its next report information on how particular activities of the ILO project, beyond generally providing training to staff of the inspectorate, are improving implementation of specific provisions of the Convention by, for example, setting up a system, including necessary regulations, for notification of occupational diseases (Article 14); improving reporting methods (Article 19); improving relations with and increasing contact between employers' and workers' organisations (Article 5); promoting the appointment of women inspectors (Article 8); or establishing a system for counting establishments subject to inspection and workers employed therein (Article 21(c)).

Direct Request (CEACR) - adopted 1990, published 77th ILC session (1990)

The Committee takes note of the information supplied by the Government in reply to its previous direct request concerning the application of Articles 3, 10, 11 and 16 of the Convention.

Article 21. The Committee notes that the annual labour inspection report for 1988 contains no information on the laws and regulations under the control of the labour inspectorate, or on the statistics of industrial accidents and occupational diseases (points (a) and (g)). It hopes that future annual reports will contain all the information required by this Article.