Demande directe (CEACR) - adoptée 2025, publiée 114ème session CIT (2026)

Convention (n° 140) sur le congé-éducation payé, 1974 - Kenya (Ratification: 1979)

Article 2 of the Convention. Formulation of a national policy. The Committee notes the information communicated by the Government concerning national legislation implementing the provisions of the Convention. The Committee further notes the Government’s indication of a significant increase in the number of collective bargaining agreements which include paid educational leave; these entitlements are also subject to arbitration and industrial court awards, thereby expanding coverage in both public and private sectors. The Ministry of Labour and Social Protection is recognized as the competent body for the formulation and periodic updating of national policy to promote paid educational leave, working in consultation with employers’ organizations and trade unions. The Committee notes that the Ministry coordinates educational leave policies with broader national policies on employment, education and vocational training to strengthen policy coherence in addressing labour market needs and socio-economic development goals. According to the Government, policies on paid educational leave are implemented through administrative means, particularly circulars, directives and guidelines issued to government departments and private sector employers. Implementation is overseen by the Labour Department and enforced by inspection and compliance mechanisms to ensure that legal provisions and policy directives are observed. The Committee also notes that financing for educational leave is provided through budgetary allocations for government departments and contributions from employers in line with national practice. It welcomes the increased recognition and expansion of paid educational leave in the context of collective agreements, notably for teachers under recent CBAs and corresponding circulars. The Committee requests the Government to provide further, detailed information on: (i) the specific policies and measures guaranteeing the right to paid educational leave in both public and private sectors, including for civil and trade union education; (ii) the regulation of paid educational leave in collective agreements, particularly its scope, duration, eligibility criteria, and funding arrangements; (iii) how the Ministry monitors, assesses, and ensures compliance with educational leave provisions, including inspection results and sanctions imposed for non-adherence; and (iv) any recent legislative or policy amendments intended to extend or improve access to paid educational leave, with particular reference to the integration of educational leave provisions into national skills development and employment policies.