Observation (CEACR) - adopted 1997, published 86th ILC session (1998)

Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Kenya (Ratification: 1964)

The Committee notes the information supplied in the Government's report.

Articles 4 and 6 of the Convention. In previous observations, the Committee had expressed the firm hope that, aside from the inquiry carried out by a tripartite committee established in 1992 to make recommendations regarding collective bargaining in the civil service, the Government would take the necessary measures to ensure that public employees (with the possible exception of those engaged in the administration of the State) benefit from the guarantees laid down in the Convention, thereby being able to negotiate collectively their terms and conditions of employment, which presupposes the recognition of their right to establish and join organizations of their own choosing. The Committee notes the Government's indication in its most recent report that, on 8 July 1995, a motion was raised in Parliament urging the Government to register the Civil Servants' Union, pursuant to which the Government directed the Registrar of Trade Unions to register the Kenya Civil Servants' Union. The Committee requests the Government to indicate in its next report the representative nature of the Civil Servant's Union, who is entitled to membership in the union and in what activities the union and its members are permitted to participate.

Given that the Convention was ratified more than 30 years ago, the Committee also urges the Government to take measures to bring its legislation into full conformity with Articles 4 and 6 of the Convention to ensure that public employees, with the possible exception of those engaged in the administration of the State, benefit from the guarantees laid down in the Convention. The Committee requests the Government to indicate in its next report the measures it has taken or envisages in this regard.