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

In previous comments, the Committee referred, inter alia, to various provisions of the Penal Code, the Public Order Act, the Prohibited Publications Order, 1968, the Merchant Shipping Act, 1967, and the Trade Disputes Act (Cap. 234) under which imprisonment (involving an obligation to perform labour) may be imposed as a punishment for the display of emblems or the distribution of publications signifying association with a political object or political organisation, for various breaches of discipline in the merchant marine and for participation in certain forms of strike.

The Committee notes the Government's renewed statements in its report for the period ending 30 June 1989 that there is no forced labour being practised in Kenya today and that serious discussions are under way between the Office of the President, the Attorney-General's Chamber, the Law Reform Commission and the Ministry of Labour regarding the proposals that the Government intends to introduce in order to bring national legislation (and especially the Chief's Authority Act) into conformity with the provisions of both Conventions Nos. 29 and 105 on the abolition of forced labour.

The Committee notes the Government's statement but continues to look forward to learning of the amendments introduced in the Chief's Authority Act as called for under Convention No. 29 as well as of other necessary amendments to the Penal Code, the Public Order Act, the Prohibited Publications Order, 1968, the Merchant Shipping Act, 1967 and the Trade Disputes Act. It must point out that the Government has supplied no indication of measures taken with regard to the above-mentioned legislative provisions under Convention No. 105, nor information in reply to direct requests repeatedly made under this Convention. Recalling the Government's earlier assurances that proposals for solutions had been forwarded to the Kenya Law Commission for action, the Committee trusts that the necessary measures will soon be adopted and that the Government will supply detailed information on the action taken, having regard also to the various points raised in a more detailed request which is again being addressed directly to the Government.