Direct Request (CEACR) - adopted 2025, published 114th ILC session (2026)

Workmen's Compensation (Accidents) Convention, 1925 (No. 17) - Kenya (Ratification: 1964)

Article 11 of the Convention. Compensation of industrial accidents in the event of the insolvency of the employer or the insurer. The Committee notes that, according to the Government, the draft Workmen Injury Benefit Bill of 2024 does not provide for compensation when the employer becomes insolvent. The Committee also takes note that, where employers have been obligated to insure against workmen’s accidents, workers and their dependants would be compensated if the employer is insolvent and the policy is still alive. Finally, the Committee takes note that the Policyholder Compensation Fund, established under Section 179 of the Insurance Act (Cap. 487) of 1985, will assist the affected workers in the event of the insurer’s insolvency. The Committee recalls that, in the event of the insolvency of the employer, Article 11 of the Convention provides for the payment of compensation to workmen who suffer personal injury due to industrial accidents or, in case of death, to their dependants, in all circumstances. In this context, the Committee requests the Government to provide information about the measures taken or envisaged to ensure that compensation is provided in the event of the insolvency of the employer when the policy against industrial accidents is not in force.