Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

Article 25 of the Convention. Penal sanctions for the illegal exaction of forced labour. For a number of years, the Committee has been referring to the provisions of section 266 of the Penal Code, under which any person who unlawfully compels another person to labour against the will of that person is guilty of a misdemeanour. The Committee recalls that, under Article 25 of the Convention, the ratifying States must ensure that “the illegal exaction of forced or compulsory labour shall be punishable as a penal offence” and “that the penalties imposed by law are really adequate”.

The Committee has noted the Government’s repeated assurances that this provision would be amended and brought into full compliance with the Convention. In its latest report, the Government reiterates that the Committee’s concerns have been noted and forwarded to the competent authorities with a view to bringing the Penal Code into conformity with the Convention. The Government also undertakes to supply a copy of the amendments, as soon as they are adopted.

While having noted that, under section 4(3) of the Employment Act 2007, contravention of the provisions prohibiting forced or compulsory labour is punishable with a fine and imprisonment for a term of up to two years, the Committee trusts that section 266 of the Penal Code referred to above will soon be amended, so as to ensure, in conformity with the Convention, that the illegal exaction of forced or compulsory labour is punishable as a penal offence and that the penalties imposed are really adequate. The Committee requests the Government to supply a copy of the amendments, as soon as they are adopted.

Articles 1(1), 2(1) and 25. Trafficking in persons. The Committee notes from the 2008 report by the International Organization for Migration (IOM) concerning human trafficking in Eastern Africa, as well as from other IOM publications, that Kenya has been recognized as a source, transit and destination country for human trafficking. Victims are trafficked both internally (from rural to urban areas) and internationally, mainly for sexual exploitation and domestic labour, but also for agricultural work, factory work and street work.

The Committee requests the Government to provide, in its next report, information on measures taken or envisaged to prevent, suppress and punish trafficking in persons for the purposes of labour and sexual exploitation, including the information on the legal proceedings which have been instituted and the penalties imposed on perpetrators, and supplying copies of the relevant reports, studies and inquiries.