Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

Minimum Age Convention, 1973 (No. 138) - Kenya (Ratification: 1979)

Article 6 of the Convention. Apprenticeship. 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. The Committee had 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. The Committee had noted the Government’s indication that the Industrial Training Act was being amended to bring the legislation into conformity with the Convention.

The Committee notes that the Industrial Training (Amendment) Act, No. 34, of 2011, has been adopted and came into force on 14 November 2011. The Committee takes due note that, according to section 8 of Act No. 34 of 2011, (a) a person who has attained the apparent age of 18 years, and (b) has completed any period of compulsory education required by law, may bind himself as an apprentice or as an indentured learner in any trade or occupation. Section 8(3) further states that a person who is a minor shall not so bind himself except with the consent of his parent or guardian, or with the consent of the Director-General of the National Labour Board. The Committee notes that, according to section 2 of Act No. 34 of 2011, a “minor” means a person under the age of 18 years.

[The Government is asked to supply full particulars to the Conference at its 102nd Session and to reply in detail to the present comments in 2013.]