Employment Service Convention, 1948 (No. 88) - Kenya (Ratification: 1964)

Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

The Committee notes the observations of the Central Organization of Trade Unions of Kenya (COTU-K), received on 1 September 2023. The Committee requests the Government to provide its comments in this respect.

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Articles 1 and 3 of the Convention. Contribution of the employment services to employment promotion. The Committee notes the information provided by the Government, including the 2012 annual report of the Labour Department. It also notes the Strategic Plan 2013–17 of the Ministry of Labour, Social Security and Services which includes enhancing public employment services among its strategies. The Plan also aims at establishing 17 new employment offices, upgrading ten existing employment offices, registering and placing in employment 50,000 jobseekers, and developing a system for collection, analysis and dissemination of labour market information. The Government indicates that it is expected to help strengthen and expand employment services to restructure the agency and merge it with the Labour Department and National Human Resource Planning and Development. The Committee notes that the Government is aware that the employment services face a number of challenges, including a shortage of funding and staff, and a lack of capacity-building. The Committee requests the Government to continue to provide information on the measures taken to strengthen and expand its employment services, including information on the implementation of the Strategic Plan 2013–17 of the Ministry of Labour, Social Security and Services concerning the matters covered by the Convention. It also invites the Government to provide statistical information concerning the number of public employment offices established, the number of applications for employment received, the number of vacancies notified, and the number of persons placed in employment by the public employment offices.

Articles 4 and 5. Consultation with the social partners. The Government indicates that there have been no discussions specifically related to the Convention in the meetings held by the National Labour Board. The Committee requests the Government to cooperate with the social partners in the organization and operation of the employment service and in the development of an employment service policy. The Committee also refers to its comments on the application of the Unemployment Convention, 1919 (No. 2), and invites the Government to provide information on any progress made in the framework of the National Labour Board towards the ratification of the Employment Policy Convention, 1964 (No. 122), and the Private Employment Agencies Convention, 1997 (No. 181).

Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

Articles 1 and 3 of the Convention. Contribution of the employment services to employment promotion. The Committee notes the information provided by the Government, including the 2012 annual report of the Labour Department. It also notes the Strategic Plan 2013–17 of the Ministry of Labour, Social Security and Services which includes enhancing public employment services among its strategies. The Plan also aims at establishing 17 new employment offices, upgrading ten existing employment offices, registering and placing in employment 50,000 jobseekers, and developing a system for collection, analysis and dissemination of labour market information. The Government indicates that it is expected to help strengthen and expand employment services to restructure the agency and merge it with the Labour Department and National Human Resource Planning and Development. The Committee notes that the Government is aware that the employment services face a number of challenges, including a shortage of funding and staff, and a lack of capacity building. The Committee requests the Government to continue to provide information on the measures taken to strengthen and expand its employment services, including information on the implementation of the Strategic Plan 2013–17 of the Ministry of Labour, Social Security and Services concerning the matters covered by the Convention. It also invites the Government to provide statistical information concerning the number of public employment offices established, the number of applications for employment received, the number of vacancies notified, and the number of persons placed in employment by the public employment offices.

Articles 4 and 5. Consultation with the social partners. The Government indicates that there have been no discussions specifically related to the Convention in the meetings held by the National Labour Board. The Committee requests the Government to cooperate with the social partners in the organization and operation of the employment service and in the development of an employment service policy. The Committee also refers to its comments on the application of the Unemployment Convention, 1919 (No. 2), and invites the Government to provide information on any progress made in the framework of the National Labour Board towards the ratification of the Employment Policy Convention, 1964 (No. 122), and the Private Employment Agencies Convention, 1997 (No. 181).

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

1. Contribution of employment services to employment promotion. The Committee notes the Government’s report received in September 2009 in reply to the 2004 direct request. The Government reports that the economy was able to create an average of 450,000 jobs since 2003, but adds that the number of employment offices is not sufficient to adequately serve employers and workers. The Government further indicates that its employment services face a number of constraints, including shortage of staff, inadequate equipment, high number of registered job applicants against few agencies, and the inability to fill vacancies requiring high or specialized qualifications. The Government further reports that the draft employment policy and strategies identify the failure in implementation of past policies and development programmes as being a lack of an effective implementation framework and capacity gaps. The policy further proposes the involvement and active participation of all the key stakeholders, including the social partners. The Committee invites the Government to include in its next report updated information on measures taken to strengthen and expand its employment services.

2. Cooperation of the social partners. The Government reports that employers’ and workers’ representatives are fully involved in the organization and operation of employment services policy. The Committee notes that the Labour Institution Act, 2007, which consolidates all the institutions involved in labour administration, provides for the formation of the tripartite National Labour Board, which advises the Government on public employment services, vocational guidance, vocational training and employment of persons with disabilities. The Committee invites the Government to provide in its next report information regarding the National Labour Board’s activity on the matters covered by the Convention.

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

1. Contribution of employment services to employment promotion. The Committee notes that, according to the information provided in the Government’s report received in September 2004, the number of employment offices was reduced from 41 to 24 in 2001 to make  better use of existing resources and improve service delivery. It hopes that the Government will provide updated information its next report on the manner in which the employment services contribute to the achievement of the goal of full employment and the use of productive resources, particularly in the framework of the Economic Recovery Strategy for Wealth and Employment Creation launched in June 2003. Please indicate whether the network of employment offices is sufficient to serve employers and workers in each of the areas of the country and provide the available information concerning the number of public employment offices established, the number of applications for employment received, the number of vacancies notified and the number of persons placed in employment by the offices of the National Employment Bureau (Articles 1, 2 and 3 of the Convention and Part IV of the report form).

2. Cooperation of the social partners. The Committee notes that, in the context of the reviewed labour laws and the draft employment policy and strategy, it has been proposed to constitute a National Employment Committee of Kenya which, among other things, will address issues relating to employment services. Please provide particulars on the arrangements made for the cooperation of employers’ and workers’ representatives in the organization and operation of employment services and in the development of employment service policy (Articles 4 and 5).

Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

The Committee notes a very brief report of the Government on the application of the Convention. The Government indicates that the new Ministry of Labour and Manpower Development has been created in lieu of the former Ministry of Manpower Development and Employment and the former Ministry of Labour. In its previous direct request the Committee asked the Government to provide information on the manner in which the Convention is applied, including, for instance, extracts from offical reports and any particulars bearing on the practical application. The Committee observes that no information of this kind has been supplied by the Government so far. It therefore hopes that the Government will not fail to provide the information requested in its next report. Please also supply copies of the 1991 and 1992 Annual Reports by the Director of the National Employment Bureau to which reference is made in the Government's reports under Convention No. 2 and under this Convention.

The Committee reiterates its request for statistical information concerning the number of public employment offices established, the number of applications for employment received, the number of vacancies notified, and the number of persons placed in employment by such offices, in accordance with point IV of the report form.

Direct Request (CEACR) - adopted 1990, published 77th ILC session (1990)

The Committee takes note of the Government's report. It notes that the new Ministry of Manpower Development and Employment is now fully operational and responsible, in particular, for the operation of the employment services. It would be grateful if in its next report the Government would provide information on the manner in which the Convention is applied, including, for instance, extracts from official reports and any particulars bearing on the practical application.

Please furnish statistical information concerning the number of public employment offices established, the number of applications for employment received, the number of vacancies notified, and the number of persons placed in employment by such offices, in accordance with point IV of the report form.