Observation (CEACR) - adopted 1996, published 85th ILC session (1997)

The Committee notes that a new Work Injury Benefits (Insurance) Scheme Bill has been prepared. The Committee recalls that for many years it has been raising several issues concerning application of the Convention and that this case was discussed in the 1994 Conference Committee. It hopes that these issues will be fully taken into consideration in the adoption of the Bill so as to give full effect to the following Articles of the Convention:

Article 2(2) (including within the normal scope of the scheme workers ordinarily employed outside Kenya but temporarily employed in Kenya by an employer who carries on business chiefly outside Kenya, subject to international agreements).

Article 5 (payment of compensation in periodic form where the degree of incapacity is less than 40 per centum, unless the competent authority is satisfied that the lump sum will be properly utilized). (It is also recommended to include children born within ten months of the death of the worker in determining the dependants entitled to an allowance.)

Article 7 (provision of a constant attendance allowance for as long as the state of health of the injured worker requires it).

Article 9 (compensation for expenses, particularly for medical, surgical, pharmaceutical and hospital treatment, and supply and replacement of artificial limbs and surgical appliances, without fixing a maximum amount; and provision of medical aid to an injured worker irrespective of the duration of the incapacity).

The Committee hopes that the Bill will be enacted in the near future, and that it will take into account all of the above-mentioned points. It reminds the Government of the possibility of availing itself of the technical assistance of the Office for the establishment of the new insurance system of compensation for industrial accidents. The Committee requests the Government to report on any progress made in this respect.

[The Government is asked to report in detail in 1997.]