Observation (CEACR) - adopted 2000, published 89th ILC session (2001)

Article 10 of the Convention.  The Committee notes the Government’s statement that there are no laws, regulations or administrative instructions that provide for discrimination in employment between lawfully resident migrant workers and Kenyan nationals. It nonetheless recalls that in its previous report, the Government referred to a policy of "Kenyanization" of employment, which is contrary to the principle established by the Convention of equal opportunity and treatment between national and foreign workers provided that the latter are residing lawfully in the country of employment. It asks the Government to indicate whether this policy is still applied and would again draw its attention to Article 14(a) of the Convention under which ratifying States may make the free choice of employment of migrant workers subject to the condition that they have resided lawfully in the country for the purpose of employment for a prescribed period not exceeding two years.