Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

Forced Labour Convention, 1930 (No. 29) - Kenya (Ratification: 1964)

Article 25 of the Convention. Penal sanctions for the illegal exaction of forced labour. For a number of years, the Committee has been referring to the provisions of section 266 of the Penal Code, under which any person who unlawfully compels another person to labour against the will of that person is guilty of a misdemeanour. The Committee has noted the Government’s repeated assurances that this provision would be amended and brought into full compliance with the Convention.

The Committee has noted the Government’s indication in its report that the task force on the review of labour laws recommended amendments to be made to section 266 of the Penal Code, which will be supplied as soon as they are adopted. It has also noted with interest that section 4(3) of the Employment Act (No. 11 of 2007) provides that the contravention of the provisions prohibiting forced or compulsory labour is punishable with imprisonment for a term of up to two years.

While noting this information, the Committee reiterates the firm hope that section 266 of the Penal Code will be amended in the near future so as to ensure, in conformity with Article 25 of the Convention, that the illegal exaction of forced or compulsory labour is punishable as a penal offence and that the penalties imposed are really adequate. The Committee requests the Government to supply a copy of the amendments, as soon as they are adopted.