Unemployment Convention, 1919 (No. 2) - Kenya (Ratification: 1964)

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

Article 1 of the Convention. Measures to combat unemployment. The Committee notes the information provided by the Government concerning the legislative framework to combat unemployment and promote the creation of employment opportunities. It notes the employment initiatives reported, including: (i) the Uwezo Fund supporting young entrepreneurs; (ii) the Youth Enterprise Development Fund providing technical and vocational education and training for young persons; and (iii) temporary employment programmes such as Kazi Mtaani. The Committee further notes the Government’s indication that labour migration remains an important source of employment for young persons and that four bilateral labour agreements have been signed, with more than ten others under negotiation. It also notes the establishment of the Directorate for Labour Migration Management within the Ministry of Labour and the State Department for Diaspora Affairs, as well as the creation of the National Employment Authority (NEA) in 2016, responsible for employment matching, placement services and the management of labour-market information systems. The Committee notes with interest that the National Labour Board, at its 27th session held in August 2023, approved the ratification of the Private Employment Agencies Convention, 1997 (No. 181).

The Committee recalls that, under Article 1, measures to combat unemployment should be part of a coordinated national policy designed to ensure that employment opportunities are created and maintained in conditions that safeguard the fundamental rights and living standards of workers. In this regard, and referring to ILO guidance on integrated employment service systems, the Committee emphasizes that public employment services such as the NEA play a central role in implementing employment policy, provided they are adequately resourced, supported by reliable labour-market information and effectively coordinated with private employment agencies, vocational training institutions and local authorities.

The Committee notes, however, that the Government has not replied to its previous comments concerning the implementation and results of the Second Medium-Term Plan (2013–17) of Kenya Vision 2030, including measures implemented with ILO assistance. It therefore reiterates its request that the Government provide information on the impact and outcomes of these measures, including quantitative and qualitative evaluations.

The Committee further requests the Government to continue providing detailed and updated information on measures taken to combat unemployment, particularly those targeting young persons, women and persons in vulnerable situations.Please include statistical data disaggregated by sex, age, region and status of employment, and indicate the mechanisms used to assess the effectiveness and sustainability of such measures in promoting full, productive and freely chosen employment.

Article 2(2). Consultation between employment services. The Committee notes that the information provided does not reply to its previous comments. The Committee, therefore, reiterates its request tothe Government to provide information on the manner in which the coordination of the operations of public and private employment agencies is ensured. The Committee recalls that effective coordination between public and private employment services is an essential element in building a comprehensive and inclusive labour market intermediation system. According to ILO guidance, such coordination should ensure that both public and private actors operate within a coherent policy framework promoting full, productive and freely chosen employment, and that their respective roles are clearly defined and complementary. In this context, public employment services (PES) retain responsibility for guaranteeing universal access to employment services, particularly for groups at risk of labour market exclusion, while private employment agencies may contribute to improved efficiency, specialization and responsiveness to employers’ needs, under adequate regulation and supervision to safeguard workers’ rights. The Committee requests the Government to indicate whether formal mechanisms exist – such as memoranda of understanding, shared labour market information systems, joint referral procedures or common quality standards – to promote collaboration and data exchange between the PES and licensed private agencies, as well as to prevent unfair competition or duplication of services.

Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

The Committee notes the observations of the Central Organization of Trade Unions of Kenya (COTU-K), received on 1 September 2023. The Committee requests the Government to provide its comments in this respect.

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Article 1 of the Convention. Measures to combat unemployment. The Committee notes that the Government indicates in its report that a strong, dynamic and responsive labour and employment sector is recognized as critical to implement the transformations required for the attainment of the Kenya Vision 2030, under which it aims at creating 1 million jobs annually with the flagship projects. The Committee also notes that the Second Medium-Term Plan 2013–17 has been developed to realize the objectives of Kenya Vision 2030 and includes labour and employment as one of its sectors. It also notes that the Ministry of Labour, Social Security and Services has taken a role to undertake part of programmes and projects outlined in the Second Medium-Term Plan, including carrying out the framework provided in the Sessional Paper on the National Employment Policy and Strategy for Kenya with an emphasis on employment creation. The Government indicates that different measures have been conducted with the assistance of the ILO to promote employment in 2012, in line with the Decent Work Country Programme. The Committee notes that the Government will endeavour to consult the National Labour Board to decide on the way forward in relation to the ratification of the Employment Policy Convention, 1964 (No. 122), and the Private Employment Agencies Convention, 1997 (No. 181). The Committee requests the Government to continue to provide information on the measures taken to combat unemployment, including the implementation of the Second Medium-Term Plan 2013–17 of Kenya Vision 2030, as well as the results of the measures implemented with the assistance of the ILO. The Committee also requests the Government to include information on new measures taken to build institutions for the realization of full employment and encourages the National Labour Board to hold consultations on the ratification of Conventions Nos 122 and 181.

Article 2(2). Coordination between employment services. The Committee notes that the National Labour Board advises the Director of Employment on matters concerning the operations of the private agencies through the provision of guidelines on granting applications for registration of an employment agency based on periodic reports and briefings provided by the Director to inform the Board on emerging issues pertaining to the accreditation process. The Committee requests the Government to continue to provide information on the manner in which the coordination of the operations of public and private employment agencies is ensured.

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

Article 1 of the Convention. Measures to combat unemployment. The Committee notes that the Government indicates in its report that a strong, dynamic and responsive labour and employment sector is recognized as critical to implement the transformations required for the attainment of the Kenya Vision 2030, under which it aims at creating 1 million jobs annually with the flagship projects. The Committee also notes that the Second Medium-Term Plan 2013–17 has been developed to realize the objectives of Kenya Vision 2030 and includes labour and employment as one of its sectors. It also notes that the Ministry of Labour, Social Security and Services has taken a role to undertake part of programmes and projects outlined in the Second Medium-Term Plan, including carrying out the framework provided in the Sessional Paper on the National Employment Policy and Strategy for Kenya with an emphasis on employment creation. The Government indicates that different measures have been conducted with the assistance of the ILO to promote employment in 2012, in line with the Decent Work Country Programme. The Committee notes that the Government will endeavour to consult the National Labour Board to decide on the way forward in relation to the ratification of the Employment Policy Convention, 1964 (No. 122), and the Private Employment Agencies Convention, 1997 (No. 181). The Committee requests the Government to continue to provide information on the measures taken to combat unemployment, including the implementation of the Second Medium-Term Plan 2013–17 of Kenya Vision 2030, as well as the results of the measures implemented with the assistance of the ILO. The Committee also requests the Government to include information on new measures taken to build institutions for the realization of full employment and encourages the National Labour Board to hold consultations on the ratification of Conventions Nos 122 and 181.

Article 2(2). Coordination between employment services. The Committee notes that the National Labour Board advises the Director of Employment on matters concerning the operations of the private agencies through the provision of guidelines on granting applications for registration of an employment agency based on periodic reports and briefings provided by the Director to inform the Board on emerging issues pertaining to the accreditation process. The Committee requests the Government to continue to provide information on the manner in which the coordination of the operations of public and private employment agencies is ensured.

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

Measures to combat unemployment. The Committee notes the Government’s report received in September 2009. The Government reports that it continues to implement the Economic Recovery Strategy for Wealth and Employment Creation (ERSWEC), 2003–07, which provides a framework for enabling microeconomic and sectoral policies that are vital for rapid economic growth deemed necessary for employment generation and poverty reduction. The Committee notes that, while a comprehensive evaluation of the results has yet to be conducted, the national economy generated 450,000–500,000 jobs annually during the 2003–07 period. The Government reports that it shall continue to provide achievements of the ERSWEC and the newly launched Kenya Vision 2030. The Committee invites the Government to include in its next report information regarding the Kenya Vision 2030, and to continue providing information on the results achieved under the ERSWEC to combat unemployment (Article 1 of the Convention).

Coordination between employment services. The Committee notes the Government’s new Labour Institutions Act, 2007, which aims at regulating private employment agencies. To this end, the Act sets forth requirements for registration, duties of persons conducting employment agencies, application for registration and deregistration, powers of employment officers, appeals and offenses. The Committee further notes that, according to these requirements, the Director must consult the Board prior to granting the application for registration of an employment agency. The Committee invites the Government to include in its next report information regarding how the Board advises the Director on matters concerning the operations of the agencies.

The Committee also refers the Government to its General Survey on employment (2010), and invites the Government and the social partners to contemplate ratifying more recent instruments regarding the issues covered by Convention No. 2 of 1919, that is, the Employment Policy Convention, 1964 (No. 122), and the Private Employment Agencies Convention, 1997 (No. 181).

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

1. Measures to combat unemployment. In reply to the Committee’s previous direct request, the Government refers to the adoption of the Economic Recovery Strategy for Wealth and Employment Creation (ERSWEC) which recognizes employment as an important means of empowering human capital and achieving national development objectives. Employment has been made an overarching goal of macroeconomic and sectoral policies with a view to ensuring expansion and productive employment. The Committee recalls the final remarks of its 2004 General Survey on promoting employment (see paragraph 490) and encourages governments, in consultation with the social partners, to ensure that the competent authorities responsible of other policy areas are aware of their obligation to consider employment objectives when formulating economic and social policies. In this regard, the Committee requests the Government to continue providing information on the results achieved under the ERSWEC to combat unemployment (Article 1 of the Convention).

2. Coordination between employment services. In its report, the Government indicates that there are a few private employment agencies, the majority of which are fee-charging. A new section of the revised labour laws is aimed at coordinating the operation of employment agencies and protecting jobseekers from exploitation. The Committee would appreciate examining the new legislative provisions that ensure the coordination of the operations of employment services (Article 2). The Government might consider it useful in this respect to refer to the Private Employment Agencies Convention, 1997 (No. 181), and Private Employment Agencies Recommendation, 1997 (No. 188), adopted by the International Labour Conference at its 85th Session (June 1997).

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

The Committee notes the information contained in the Government's detailed report for the period ending September 1999. It notes with interest that the Government has been working closely with the ILO/EAMAT team and other international organizations to improve its employment policies, and that the Government has developed an ambitious programme to promote job creation, at an anticipated rate of 455,000 new jobs per year in the 1996-2010 period. The Committee also notes the Government's statement that a draft policy document was prepared, based on a 1994-95 ILO technical cooperation project on employment policy and employment programmes. It would appreciate receiving further information in the Government's next report on whether the draft policy was adopted and what programmes have been established to give it effect.