Country profile KEN
Context
Context
| Year | Age group | Proportion | Gender | Indicator | Source |
|---|---|---|---|---|---|
| 2019 | 5-17 | 20.9 | Male | Proportion of children engaged in economic activity, by sex and age (%) | Source |
| 2019 | 5-17 | 16.4 | Female | Proportion of children engaged in economic activity, by sex and age (%) | Source |
| 2019 | 5-17 | 18.8 | Male & Female | Proportion of children engaged in economic activity, by sex and age (%) | Source |
National Legal Framework
National Legal Framework
| Provision | Legislation date | Convention | Legislation info | sources | Value | sort_order | Provision description | Legislation description |
|---|---|---|---|---|---|---|---|---|
| Is the use, procuring or offering of children for illicit activities, in particular for the production and trafficking of drugs, prohibited? | 2008-06-02 | C182 | Employment Act, 2007 - PART I, 2. (c) and PART VII, 53. | [{"link_name":"Employment Act, 2007","source_link":"https://kenyalaw.org/kl/fileadmin/pdfdownloads/Acts/EmploymentAct_Cap226-No11of2007_01.pdf"}] | Yes | 11 | C182 prohibits the use, procuring or offering of children for illicit activities in particular for the production and trafficking of drugs. | In its PART I, 2, the Employment Act defines the worst forms of child labour. A part of this definition corresponds to the following description: "the use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs as defined in the relevant international treaties". The PART VII, 53. forbids the worst forms of child labour, thus prohibiting the use, procuring or offering of children for illegal activities. |
| Is the use, procuring or offering of a child for the purpose of prostitution and for production of pornography prohibited? | 2006-07-21 | C182 | Sexual Offences Act - 15. and 16. | [{"link_name":"Sexual Offences Act","source_link":"https://www.kenyalaw.org/kl/fileadmin/pdfdownloads/Acts/SexualOffencesAct_No3of2006.pdf"}] | Yes | 10 | C182 prohibits the use of a child under the age of 18 for prostitution, regardless of the child's consent. The use, procuring or offering of any person under the age of 18 for commercial sexual exploitation constitutes a worst form of child labour, even if prostitution is a legalised. In regard to the prohibition of child pornography, States need to make sure that national legislation addresses the involvement of a child in the production of pornographic materials, including non-recorded performances. | Sections 15. and 16. of the Sexual Offences Act, respectively, punish child prostitution and child pornography. |
| Is forced or compulsory recruitment of children under 18 for use in armed conflict prohibited? | 1968-12-02 | C182 | The Armed Forces Act - PART XIII, 173. (2) | [{"link_name":"The Armed Forces Act","source_link":"https://www.kenyalaw.org/kl/fileadmin/pdfdownloads/Acts/ArmedForcesAct.pdf"}] | Yes | 9 | C182 defines forced or compulsory recruitment of children under 18 for use in armed conflict as a worst form of child labour. Nevertheless, C182 only prohibits the forced or compulsory recruitment of children under 18, and does not cover the voluntary recruitment of children under 18. | PART XIII, 173. (2) of the Armed Forces Act forbids any officer to recruit a child below the age of eighteen unless written consent to the enlistment has been given by his parents or guardian or, where his parents or guardian are dead or unknown, by the District Commissioner of the district in which the person resides. |
| Is the sale and trafficking of children for sexual and labour exploitation prohibited? | 2010-09-13 | C182 | Counter-trafficking in person Act - PART II, 4. | [{"link_name":"-Counter-trafficking in person Act","source_link":"https://kenyalaw.org/kl/fileadmin/pdfdownloads/Acts/Counter-TraffickinginPersonsAct_No8of2010.pdf"},{"link_name":"-CEACR Observation","source_link":"https://normlex.ilo.org/dyn/nrmlx_en/f?p=1000:13100:0::NO:13100:P13100_COMMENT_ID,P13100_COUNTRY_ID:4354954,103315"}] | Yes | 8 | C182 defines all forms of slavery or practices similar to slavery, such as the sale and trafficking of children, debt bondage and serfdom and forced or compulsory labour as worst forms of child labour. | The PART II, 4. of the Counter-trafficking in person Act punishes the promotion of child trafficking. It should be noted that in an Observation published in 2024, the CEACR (The Committee of Experts on the Application of Conventions and Recommendations) observed that "both the number of reported cases of child trafficking and the number of convictions appear[ed] to be low considering the prevalence of the phenomenon in the country" and requested the Kenyan government to "to continue to take the necessary measures to ensure that cases of trafficking of children under the age of 18 are detected and that investigations and prosecutions are conducted against the perpetrators" |
| List of hazardous activities prohibited for children | 2022-12-31 | C138 & C182 | Employment (General) Rules - Section 12 (3) and Fourth schedule | [{"link_name":"Employment (General) Rules","source_link":"https://new.kenyalaw.org/akn/ke/act/ln/2014/28/eng@2022-12-31#part_IV__sec_12"}] | Yes | 7 | C138 and C182 require the national determination of a list of hazardous work prohibited for children under 18 years of age. The competent authorities should consult with workers' and employers' organizations to determine what types of employment or work are considered to be hazardous. Such a list shall be periodically examined and revised as necessary. | Together with the Fourth Schedule, Section 12 (3) of the text prohibit 45 types of hazardous work to children under the age of 18 years. |
| Minimum age for hazardous work | 2008-06-02 | C138 & C182 | Employment Act, 2007 - PART I, 2. and PART VII, 53 | [{"link_name":"Employment Act, 2007","source_link":"https://kenyalaw.org/kl/fileadmin/pdfdownloads/Acts/EmploymentAct_Cap226-No11of2007_01.pdf"}] | 18 | 6 | C138 and C182 set 18 as the minimum age for hazardous work, which is defined as work that, due to its nature or the circumstances in which it is carried out, is likely to jeopardize children’s health, safety or morals. C138 and C182 allow countries to permit hazardous work exceptionally as from 16, provided that the health, safety and morals of the young persons concerned are fully protected and that they have received adequate specific instruction or training. | In its PART I, 2. the Employment Act, 2007 defines a child as "a person who has not attained the age of eighteen years". The PART VII, 53 stipulates that "no person shall employ a child in any activity which constitutes worst form of child labour" ; thus making the minimum age for hazardous work 18 years. |
| Minimum age for admission to apprenticeship | 2008-06-02 | C138 | Employment Act, 2007 - 58. (1) | [{"link_name":"-Employment Act, 2007","source_link":"https://kenyalaw.org/kl/fileadmin/pdfdownloads/Acts/EmploymentAct_Cap226-No11of2007_01.pdf"},{"link_name":"-CEACR Observation","source_link":"https://normlex.ilo.org/dyn/nrmlx_en/f?p=1000:13100:0::NO:13100:P13100_COMMENT_ID,P13100_COUNTRY_ID:2699990,103315"}] | 13 | 5 | C138 does not apply to work done in school for general, vocational or technical education or in training institutions or work done by children at least 14 years of age in undertakings, where such work is carried out in accordance with conditions prescribed by the competent authority. Such work must be an integral part of: (i) a course of education or training for which a school or training institution is primarily responsible; (ii) a programme of training mainly or entirely in an undertaking, which programme has been approved by the competent authority; or (iii) a programme of guidance or orientation designed to facilitate the choice of an occupation or of a line of training. | In an Observation published in 2012, the CEACR observed that, according to the Employment Act of 2007, children between 13 and 16 years of age are allowed to take part in apprenticeship programmes subject to the provisions of the Industrial Training Act. It also noted the Government’s indication that the Industrial Training Act was being amended to bring the legislation into conformity with the Convention. Additionally, The Committee had previously noted that according to section 58(1) of the Employment Act of 2007, no person shall employ a child of between 13 and 16 years of age, other than one serving under a contract of apprenticeship or indentured learnership in accordance with the provisions of the Industrial Training Act, in an industrial undertaking to attend to machinery. Similarly, section 57 of the Employment Act exempts children between the ages of 13 and 16 years who are subject to the provisions of the Industrial Training Act relating to contracts of apprenticeship. |
| Is the minimum age for admission to work not less than the age for completion of compulsory schooling? | 2013-01-25 | C138 | Basic Education Act, 2013 - 38. (1) | [{"link_name":"Basic Education Act, 2013","source_link":"https://planipolis.iiep.unesco.org/sites/default/files/ressources/kenyabasiceducationactno_14of2013.pdf"}] | Yes | 4 | C138 requires that the minimum age for admission to work shall not be less than the age of completion of compulsory schooling and, in any case, shall not be less than 15 years. | Section 28(1) of the Act establishes the right of every child (defined as a person not having attained the age of 18 years) to free and compulsory basic education. Section 30 of the Act states that every parent whose child is born in Kenya or resides in Kenya shall ensure that the child attends regularly as a pupil at a school or such other institution as may be authorized and prescribed by the Cabinet Secretary. Section 38. (1) of the Basic Education Act stipulates that "No person shall employ a child of compulsory school age in any labour or occupation that prevents such child from attending school.", thus linking the age of compulsory education with the minimum age for admission to work. |
| Light work - Determination of types and conditions of activities | 2008-06-02 | C138 | Employment Act, 2007 - 56. (2) | [{"link_name":"Employment Act, 2007","source_link":"https://kenyalaw.org/kl/fileadmin/pdfdownloads/Acts/EmploymentAct_Cap226-No11of2007_01.pdf"}] | Yes | 3 | If the country chooses to allow light work, States must determine what activities are considered light work, and the hours and the circumstances under which they may be carried out. | Section 56. (2) of the Employment Act provides that "a child of between thirteen years of age and sixteen years of age may be employed to perform light work which is— (a) not likely to be harmful to the child’s health or development; and (b) not such as to prejudice the child’s attendance at school, his participation in vocational orientation or training programmes approved by the Minister or his capacity to benefit from the instructions received." |
| Minimum age for light work | 2008-06-02 | C138 | Employment Act, 2007 - 56. (2) | [{"link_name":"Employment Act, 2007","source_link":"https://kenyalaw.org/kl/fileadmin/pdfdownloads/Acts/EmploymentAct_Cap226-No11of2007_01.pdf"}] | 13 | 2 | C138 defines light work as work that does not interfere with children’s schooling, or their ability to benefit from it, and that is not hazardous. C138 allows countries to permit light work for children younger than the general minimum age. For countries that set the minimum age at 15, this means children aged 13-14, and for those that set it at 14, children aged 12-13 may engage in light work. | The section 56. (2) of the Employment Act provides that a child of between thirteen years of age and sixteen years of age may be employed to perform light work. |
| Minimum age for admission to work | 2007-10-22 | C138 | Employment Act | [{"link_name":"CEACR Observation","source_link":"https://normlex.ilo.org/dyn/nrmlx_en/f?p=1000:13100:0::NO:13100:P13100_COMMENT_ID,P13100_COUNTRY_ID:2295060,103315"}] | 16 | 1 | C138 establishes 15 as the minimum age for work in general. Developing countries have the option of setting a minimum age of 14 as a transitional measure as they strengthen their education systems and economies. | In an Observation published in 2009, the Committee of Experts on the Application of Conventions and Recommendations (CEACR) notes that the prohibition on employing children applies to children below the age of 16 years. |
International Legal Framework
International Legal Framework
| Ratification status | Convention | Convention description | Date of ratification | Source |
|---|---|---|---|---|
| in-force | C182 | Worst Forms of Child Labour Convention, 1999 (No. 182) | 07-MAY-2001 | Source |
| in-force | C138 | Minimum Age Convention, 1973 (No. 138) | 09-APR-1979 | Source |
Policies and Plans
Policies and Plans
| Description | sources | Period | Policy name | Implementing agency |
|---|---|---|---|---|
| Kenya has joined the Pathfinder Countries of the Alliance 8.7, a global partnership committed to eradicating forced labour, modern slavery, human trafficking, and child labour. As part of this initiative, Kenya initiated the development of a roadmap towards achieving Sustainable Development Goal (SDG) 8.7. This roadmap outlines the strategic objectives and actions necessary to make significant progress in these areas. In regard to child labour issues, the main objectives of Kenya are to strengthen and enforce legal, policy and institutional frameworks on the elimination of child labour; to conduct research on Child Labour, to promote quality basic education and training; and to increase resources for programmes and interventions on child protection. | [{"link_name":"SDG 8.7 Roadmap","source_link":"https://www.ilo.org/sites/default/files/2025-01/KENYA%20COUNTRY%20ROADMAP%20-%20ALLIANCE%208.7%20%28Final%29.pdf"}] | 2025-2030 | SDG 8.7 Roadmap | Multi-stakeholder initiative (Kenyan government, ILO, Federation of Kenya employers, Central organization of Trade Unions, Survival networks, Civil society organizations) |
| In an Observation published in 2024, the CEACR noted that "in the framework of [NAP-SEC], several activities were planned, namely in the focus areas of identification; prevention; protection; and rescue, rehabilitation and reintegration. The Government indicates in this regard that it has sensitized hotel operators in tourist destinations and developed a Tourism Child Protection Code, which binds the 40 signatory hotels to protect children from commercial sexual exploitation. Moreover, the Committee notes the Government’s indication that it has established child protection units in police stations to respond to crimes against children and continued to partner with counter-human trafficking NGOs to create awareness, rescue and reintegration of child survivors.". | [{"link_name":"CEACR Observation","source_link":"https://normlex.ilo.org/dyn/nrmlx_en/f?p=1000:13100:0::NO:13100:P13100_COMMENT_ID,P13100_COUNTRY_ID:4354954,103315"}] | 2018-2022 | National Plan of Action against Sexual Exploitation of Children (NAP-SEC) | No information |
| The National plan of action for children in Kenya seeks to implement programmes for children notably in regard to the development of their access to education and to their protection from child labour. These programs plan to organize public awareness sessions conducted on these issues, to deepen the research capacities on child labour and to support teachers that work with children that have special needs. | [{"link_name":"National plan of action for children in Kenya","source_link":"https://clr.africanchildforum.org/policy%20per%20country/2018%20Update/Kenya/kenya_nationalplanofactionforChildren_2015_en.pdf"}] | 2015-2022 | National plan of action for children in Kenya | National Council for Children’s Services |
| In an observation published in 2024, the CEACR (Committee of Experts on the Application of Conventions and Recommendations), acknowledges the Kenyan government's "indication that it is taking several measures to protect children from hazardous work, including in domestic work. The Committee observes that the Government refers to measures related to the general protection of vulnerable families, such as cash transfer programmes, and the improvement of education rates". The Committee also notes that the "Cash Transfer Programme for OVCs [orphans and vulnerable children] continues to be operational and is currently supporting 278,188 beneficiaries across the 47 counties. The Government also indicates that it is allocating a significant budget to education and that it has made gains in reaching remote areas and disadvantaged communities at primary and pre-primary levels". Regarding both programs, the Committee encourages the Kenyan government to provide further information on the measures taken in this regard and on the results achieved. | [{"link_name":"CEACR Observation","source_link":"https://normlex.ilo.org/dyn/nrmlx_en/f?p=1000:13100:0::NO:13100:P13100_COMMENT_ID,P13100_COUNTRY_ID:4354954,103315"}] | 2019-2023 | Cash Transfer Programmes | No information |
| The Policy aims to address some of the underlying causes of child labour like economic growth, employment creation, increasing access and returns to education, and poverty reduction. It targets three main groups of children : children at risk, children already harmed by exposure to child labour, children in the worst forms of child labour requiring immediate direct action. To proceed, the NPCL plans on building synergies and mainstreaming child labour interventions in national, county and sectoral policies. | [{"link_name":"NPCL","source_link":"https://www.ilo.org/resource/article/kenyas-national-assembly-adopts-national-policy-elimination-child-labour"}] | 2016 | National Policy on Elimination of Child Labour (NPCL) | National Steering Committee |