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

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

Legislative reform. The Committee takes note of the information contained in the Government’s report in relation to the legislative process of the Draft Workmen Injury Benefit Bill (WIBA) of 2024 and the Occupational Diseases Fund provided for in that Bill, which are both in the public participation stage. The Committee firmly expects that these legislative developments will give full effect to the Convention and that its comments will be duly considered to that end. The Committee also requests the Government to submit information on the adoption of the Bill, the establishment of the Occupational Diseases Fund, and any other measures related to their implementation.

Article 5 of the Convention. Payment of compensation for permanent incapacity or death in the form of periodical payments. The Committee takes note that measures will be taken in practice to sensitize victims of employment injuries or their families on the right use of the lump sum compensations received. In this context, the Committee expresses once again its hope that the new employment injury scheme envisaged in the Billwill ensure that permanently injured workers or their dependants are provided with compensation in the form of periodic payments, as required by the Convention, and that lump sum compensations are allowed only in cases where the competent authority is satisfied that they will be properly utilized.

Articles 9 and 10. Provision of medical, surgical and pharmaceutical aid free of charge.The Committee reiterates its hope that the Government will take thenecessary measures to ensure that injured workers are provided, free of charge, with all the medical, surgical and pharmaceutical aid as well as with the artificial limbs and surgical appliances that are recognized to be necessary in consequence of accidents at work, in accordance with Articles 9 and 10 of the Convention.

Finally, the Committee takes note of the information provided by the Government in relation to the possible ratification of the most up-to-date instruments, Convention No. 102 (Part VI) and Convention No. 121. In this context and recalling that an item to consider the abrogation of Convention No. 17 has been placed in the International Labour Conference in 2033, the Committee reminds the Government of the possibility to avail itself of ILO technical assistance with a view to facilitating ratification of the most up-to-date instruments.

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