Observation (CEACR) - adopted 2001, published 90th ILC session (2002)

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

The Committee notes the Government’s report.

1. Refusal of the right to bargain collectively to public employees not engaged in the administration of the State. The Committee notes that the Government indicates in its report that the legal framework necessary, as regards comments made by the Committee of Experts, is being reviewed with the task force appointed by the Government to review labour laws in May 2001, which is expected to complete its work by August 2002. The Committee urges the Government to ensure that the revised legislation is in full conformity with Articles 4 and 6 of the Convention and to ensure that public employees, with the sole exception of those engaged in the administration of the State, benefit from the guarantees laid down in the Convention, in particular the right to negotiate collectively their terms and conditions of employment. It requests the Government to keep it informed of any progress in this regard.

2. Registration of the Kenya Civil Servants’ Union. The Committee notes the Government’s indication that the ban imposed on the Kenya Civil Servants’ Union was lifted by the President, and that the Parliament has also voted for the reinstatement and operation of the union. The Government also indicates that the reinstatement of the union is now awaiting a decision by the cabinet, following the conclusion of discussions and consultations by the National Tripartite Labour Advisory Board. The Committee requests the Government to keep it informed of any progress in this regard and hopes that this question will be dealt with without delay.