Observation (CEACR) - adopted 2007, published 97th ILC session (2008)

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

The Committee notes the Government’s information that there has been no change in the legislation on workmen’s compensation in the period covered by the report. The Government also indicates that it is enclosing a copy of the Work Injury Bill currently before the competent authority, which is to replace the Workmen Compensation Act (Cap. 236). However, the text was not included with the report received by the Office.

The Committee has been raising several issues about application of the Convention for many years, which is why the case of Kenya was examined by the Conference Committee in 1994. On that occasion, the Government undertook to take the necessary steps to ensure that full effect was given to the Convention in the national legislation. The Committee is nonetheless bound to note that, since then, it has examined a series of bills and has several times commented that they needed amending in order to give full effect to the Convention. Despite earlier assurances by the Government, none of the bills has as yet been enacted and promulgated. In these circumstances, the Committee can but renew its hope that the Government will be in a position to provide in its next report information on progress made in the enactment of new legislation on workmen’s compensation, and to send a copy of it to the Office. It hopes that the new legislation will give full effect to all provisions of the Convention and particularly to Article 5 (principle of compensation payable to the injured workman or his dependants in the form of periodical payments), Article 9 (entitlement to medical aid free of charge and to such surgical and pharmaceutical aid as is recognized to be necessary in consequence of accidents), Article 10 (supply and normal renewal, by the employer or insurer, of such artificial limbs and surgical appliances as are recognized to be necessary), and Article 11 (guarantees in the event of the insolvency of the employer or insurer), to which the Committee referred in its previous comments. Lastly, it would point out that the Government may seek technical assistance from the Office in setting up a new system of insurance for workmen’s compensation.

[The Government is asked to reply in detail to the present comments in 2008.]