Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

Observation (CEACR) - adopted 2022, published 111st ILC session (2023)

Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

Observation (CEACR) - adopted 2019, published 109th ILC session (2021)

Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

Observation (CEACR) - adopted 2017, published 107th ILC session (2018)

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

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

Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

Observation (CEACR) - adopted 2012, published 102nd ILC session (2013)

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

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

Article 1(a) of the Convention. Penal sanctions involving compulsory labour as a punishment for expressing political views. In its earlier comments the Committee referred to certain provisions of the Societies Act, 1968, under which various violations of the Act are punishable with imprisonment (involving compulsory labour). The Committee notes the adoption of the Political Parties Act, 2007, which replaced the Societies Act, 1968, with regard to the registration and regulation of political parties, which were formerly governed by the Societies Act. The Committee understands, however, that the Societies Act, 1968, has not been repealed and remains in force as regards registration and regulation of societies.

The Committee notes that, under section 14(1) of the Political Parties Act, 2007, the Registrar shall not register a political party, inter alia, if it is founded on an ethnic, age, tribal, racial, gender, regional, linguistic, corporatist, professional or religious basis, or uses words, slogans, emblems or symbols which could arouse ethnic, age, tribal, racial, gender, regional, linguistic, corporatist, professional or religious division. The registration of a political party may be cancelled, among others, on similar grounds under section 26(1) of the Act. The Registrar shall also cancel the registration of a political party, which has been declared to be a prohibited organization under the provisions of any other law (section 39). Where the registration of a political party has been cancelled, no person shall summon a meeting of its members or officers, or attend a meeting in the capacity of a member or officer, or invite persons to support the political party, etc. (section 27). Any violation of the provisions of the Act is punishable with fines and imprisonment for a term not exceeding two years (which involves compulsory prison labour).

The Committee recalls that Article 1(a) of the Convention prohibits the use of forced or compulsory labour as a punishment for holding or expressing political views or views ideologically opposed to the established political, social or economic system. Referring also to paragraphs 152–166 of its 2007 General Survey on the eradication of forced labour, the Committee points out that the Convention does not prohibit punishment by penalties involving compulsory labour of persons who use violence, incite violence or engage in preparatory acts aimed at violence. But sanctions involving compulsory labour fall within the scope of the Convention if they enforce a prohibition of the peaceful expression of views or of opposition to the established political, social or economic system, whether the prohibition is imposed by law or by an administrative decision. Such views may be expressed orally or through the press or other communications media or through the exercise of the right of association (including the establishment of political parties or societies) or participation in meetings and demonstrations.

The Committee observes that the scope of the provisions of the Political Parties Act, 2007, referred to above, is not limited to violence or incitement to violence and may lead to the imposition of penalties involving compulsory labour as a punishment of various non-violent actions affecting the organization of political parties.

The Committee hopes that appropriate measures will be taken with a view to amending the above provisions (e.g. by limiting their scope to the acts of violence or incitement to violence or replacing sanctions involving compulsory labour with other kinds of sanctions, such as, e.g., fines), in order to ensure that no form of forced or compulsory labour (including compulsory prison labour) may be imposed under the provisions in circumstances falling within the scope of the Convention. Pending the adoption of such measures, the Committee requests the Government to supply information on the practical application of the above provisions of the Political Parties Act, 2007, relating to the registration, cancellation of registration and prohibition of political parties, supplying sample copies of the relevant court decisions and indicating the penalties imposed.

In its earlier comments the Committee referred to section 5 of the Public Order Act (Cap. 56), under which the police authorities are entitled to control and direct the conduct of public gatherings and have extensive powers to refuse licences for public gatherings, contraventions being punishable with imprisonment (section 17), which involves compulsory labour. The Committee previously noted the Government’s indication that the Statute Law (Repeals and Miscellaneous Amendments) Act (No. 10, 1997) introduced amendments to section 5 of the Public Order Act, making it inapplicable to the situations referred to as “excluded meetings”. The Committee again requests the Government to communicate a copy of the amending text, as well as the information on the application of section 5 in practice, supplying copies of the relevant court decisions.

Referring to its observation under the Convention, the Committee again requests the Government to communicate detailed information regarding:

(a)   the application in practice of section 53 of the Penal Code concerning prohibited publications, as soon as such information becomes available;

(b)   the measures taken or contemplated in regard to sections 10 and 17 of the Public Order Act (as amended) and the Prohibited Publications Order, 1968 (LN 100), read in conjunction with section 53 of the Penal Code, to ensure the observance of the Convention.

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

The Committee notes with satisfaction the adoption of the Merchant Shipping Act, 2009, which has repealed the Merchant Shipping Act of 1967, which contained provisions punishing various breaches of discipline by seafarers with imprisonment (involving compulsory labour), even in circumstances where the ship or the life or health of persons were not endangered, as well as provisions, under which deserting seafarers could be forcibly returned on board ship to perform their duties.

The Committee also notes with satisfaction the adoption of the Labour Relations Act, 2007, which has repealed the Trade Disputes Act (Cap. 234), under which sentences of imprisonment (involving compulsory labour) could be imposed for participating in strikes.

Article 1(a) of the Convention. Penal sanctions involving compulsory labour as a punishment for expressing political views. For many years, the Committee has been referring to certain provisions of the Penal Code, the Public Order Act and the Prohibited Publications Order, 1968, under which sentences of imprisonment (involving compulsory labour) may be imposed as a punishment for participating in certain meetings and gatherings, for the display of emblems or the distribution of publications signifying association with a political object or political organization. The Committee has noted the Government’s repeated statement in its reports that it is committed to bring the national legislation into conformity with the Convention. It notes from the Government’s latest report that the issues raised by the Committee have been brought to the attention of the relevant authorities. The Committee trusts that the provisions of the Penal Code, the Public Order Act and the Prohibited Publications Order referred to above will be brought into conformity with the Convention and that the Government will soon be in a position to report the progress made in this regard. It also asks the Government to provide information on various points raised in a more detailed request addressed directly to the Government.

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

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Article 1, subparagraph a, of the Convention. Penal sanctions involving compulsory labour as a punishment for expressing political views. 1. In its earlier comments the Committee referred to section 11(1) and (2) of the Societies Act, 1968, under which the Registrar may refuse to register a society, inter alia, where he is satisfied that such society is connected with any organization of a political nature established outside Kenya, or where it appears to him that the interests of peace, welfare or good order would be likely to suffer prejudice by reason of the registration of the society, or where the Minister has declared it to be a society dangerous to the good government of the Republic. The registration of a registered society may be cancelled, inter alia, on similar grounds under section 12(1) and (3) of the Act. According to section 4(1) of the Act, every society which is not a registered society or an exempt society is an unlawful society. Under sections 5 and 6 of the Act, managing an unlawful society or being a member of such a society is punishable with imprisonment (which involves compulsory labour).

The Committee notes the Government’s indication in the report that the concerns raised over the application of Article 1(a) of the Convention have been raised during the review of the legislation with the enforcing authorities (Registrar of Societies). The Committee hopes that appropriate measures will be taken to ensure that no form of forced or compulsory labour (including compulsory prison labour) may be imposed under the abovementioned provisions in circumstances falling within the scope of the Convention. Pending the adoption of such measures, it again requests the Government to supply information on the practical application of the above provisions of the Societies Act, 1968, relating to the registration, cancellation or suspension of registration and prohibition of societies, supplying sample copies of the relevant court decisions and indicating the penalties imposed.

2. In its earlier comments the Committee referred to section 5 of the Public Order Act (Cap. 56), under which the police authorities are entitled to control and direct the conduct of public gatherings and have extensive powers to refuse licences for public gatherings, contraventions being punishable with imprisonment (section 17), which involves compulsory labour. The Committee previously noted the Government’s indication that the Statute Law (Repeals and Miscellaneous Amendments) Act No. 10 (1997) introduced amendments to section 5 of the Public Order Act, making it inapplicable to situations referred to as “excluded meetings”. The Committee again requests the Government to communicate a copy of the amending text, as well as the information on the application of section 5 in practice, supplying copies of the relevant court decisions.

3. Referring to its observation under the Convention, the Committee again requests the Government to communicate detailed information regarding:

(a)   the practical application of section 53 of the Penal Code concerning prohibited publications;

(b)    the measures taken or contemplated in regard to sections 10 and 17 of the Public Order Act (as amended) and the Prohibited Publications Order, 1968 (LN 100), read in conjunction with section 53 of the Penal Code, to ensure the observance of the Convention.

Article 1, subparagraphs c and d. Penal sanctions involving compulsory labour as a punishment for breaches of labour discipline and for the participation in strikes.
1. In its earlier comments the Committee referred to sections 145(1)(b), (c) and (e), 147 and 151 of the Merchant Shipping Act, 1967, under which certain disciplinary offences by seafarers are punishable with imprisonment (involving compulsory labour) and seafarers may be forcibly conveyed on board ship to perform their duties. Referring to its observation under the Convention, the Committee notes the Government’s indication in the report that the Merchant Shipping Act, 1967, has been reviewed and hopes that the Government will communicate, with its next report, a copy of the revised legislation for examination by the Committee.

2. The Committee previously noted that imprisonment (involving compulsory labour) may be imposed for participation in a strike:

(a)    under section 25 of the Trade Disputes Act, where a strike has been prohibited by the Minister by virtue of sections 19, 20 and 21 of the Act;

(b)    under section 28 of the Act, where a strike has been prohibited by the Minister by virtue of sections 30 and 31 in any essential service (which, according to the first schedule of the Act, includes not only essential services in the strict sense of the term, but also more general services, such as undertakings engaged in the distribution of fuel, petrol and oil, transport services provided by the Kenya railways, and port and dock services).

The Committee previously noted the Government’s indication that measures had been taken to ensure that any punishment for participation in unlawful strikes does not include compulsory labour and requested the Government to describe such measures. It notes the Government’s brief indication in its latest report that measures to be undertaken in case of unlawful strikes has been provided in the revised Labour Relations Bill, which is before Parliament and awaiting the final reading. The Committee hopes that the Government will communicate a copy of the new legislation, once it has been passed, and that the provisions concerning the right to strike will be brought into conformity with Article 1(d) of the Convention.

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

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

Article 1(a), (c) and (d) of the Convention. Penal sanctions involving compulsory labour as a punishment for expressing political views, for breaches of labour discipline and for the participation in strikes. Since many years, the Committee has been referring to certain 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 sentences of imprisonment (involving compulsory 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 organization, for various breaches of discipline in the merchant marine and for participation in certain forms of strikes.

The Committee has noted the Government’s repeated statement in its reports that it is committed to bring the national legislation into conformity with the Convention. It notes from the Government’s latest report that the Merchant Shipping Act, 1967, has been reviewed and is looking forward to receiving a copy of the revised legislation. The Committee expresses the firm hope that all the abovementioned provisions will soon be brought into conformity with the Convention and that the Government will report on the progress achieved in this regard. It also asks the Government to provide information on various points raised in a more detailed request addressed directly to the Government.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

Referring to its observation under the Convention, the Committee requests the Government to provide information on the measures taken or envisaged with a view to bringing into conformity with the Convention the following provisions of the national legislation, to which the Committee referred in its earlier comments.

Article 1(a) of the Convention. Penal sanctions involving compulsory labour as a punishment for expressing political views. 1. In its earlier comments the Committee referred to section 11(1) and (2) of the Societies Act, 1968, under which the Registrar may refuse to register a society, inter alia, where he is satisfied that such society is connected with any organization of a political nature established outside Kenya, or where it appears to him that the interests of peace, welfare or good order would be likely to suffer prejudice by reason of the registration of the society, or where the Minister has declared it to be a society dangerous to the good government of the Republic. The registration of a registered society may be cancelled, inter alia, on similar grounds under section 12(1) and (3) of the Act. According to section 4(1) of the Act, every society which is not a registered society or an exempt society is an unlawful society. Under sections 5 and 6 of the Act, managing an unlawful society or being a member of such a society is punishable with imprisonment (which involves compulsory labour).

The Committee notes the Government’s indication in the report that the concerns raised over the application of Article 1(a) of the Convention have been raised during the review of the legislation with the enforcing authorities (Registrar of Societies). The Committee hopes that appropriate measures will be taken to ensure that no form of forced or compulsory labour (including compulsory prison labour) may be imposed under the abovementioned provisions in circumstances falling within the scope of the Convention. Pending the adoption of such measures, it again requests the Government to supply information on the practical application of the above provisions of the Societies Act, 1968, relating to the registration, cancellation or suspension of registration and prohibition of societies, supplying sample copies of the relevant court decisions and indicating the penalties imposed.

2. In its earlier comments the Committee referred to section 5 of the Public Order Act (Cap. 56), under which the police authorities are entitled to control and direct the conduct of public gatherings and have extensive powers to refuse licences for public gatherings, contraventions being punishable with imprisonment (section 17), which involves compulsory labour. The Committee previously noted the Government’s indication that the Statute Law (Repeals and Miscellaneous Amendments) Act No. 10 (1997) introduced amendments to section 5 of the Public Order Act, making it inapplicable to situations referred to as “excluded meetings”. The Committee again requests the Government to communicate a copy of the amending text, as well as the information on the application of section 5 in practice, supplying copies of the relevant court decisions.

3. Referring to its observation under the Convention, the Committee again requests the Government to communicate detailed information regarding:

(a)   the practical application of section 53 of the Penal Code concerning prohibited publications;

(b)   the measures taken or contemplated in regard to sections 10 and 17 of the Public Order Act (as amended) and the Prohibited Publications Order, 1968 (LN 100), read in conjunction with section 53 of the Penal Code, to ensure the observance of the Convention.

Article 1(c) and (d). Penal sanctions involving compulsory labour as a punishment for breaches of labour discipline and for the participation in strikes. 1. In its earlier comments the Committee referred to sections 145(1)(b), (c) and (e), 147 and 151 of the Merchant Shipping Act, 1967, under which certain disciplinary offences by seafarers are punishable with imprisonment (involving compulsory labour) and seafarers may be forcibly conveyed on board ship to perform their duties. Referring to its observation under the Convention, the Committee notes the Government’s indication in the report that the Merchant Shipping Act, 1967, has been reviewed and hopes that the Government will communicate, with its next report, a copy of the revised legislation for examination by the Committee.

2. The Committee previously noted that imprisonment (involving compulsory labour) may be imposed for participation in a strike:

(a)   under section 25 of the Trade Disputes Act, where a strike has been prohibited by the Minister by virtue of sections 19, 20 and 21 of the Act;

(b)   under section 28 of the Act, where a strike has been prohibited by the Minister by virtue of sections 30 and 31 in any essential service (which, according to the first schedule of the Act, includes not only essential services in the strict sense of the term, but also more general services, such as undertakings engaged in the distribution of fuel, petrol and oil, transport services provided by the Kenya railways, and port and dock services).

The Committee previously noted the Government’s indication that measures had been taken to ensure that any punishment for participation in unlawful strikes does not include compulsory labour and requested the Government to describe such measures. It notes the Government’s brief indication in its latest report that measures to be undertaken in case of unlawful strikes has been provided in the revised Labour Relations Bill, which is before Parliament and awaiting the final reading. The Committee hopes that the Government will communicate a copy of the new legislation, once it has been passed, and that the provisions concerning the right to strike will be brought into conformity with Article 1(d) of the Convention.

Observation (CEACR) - adopted 2008, published 98th ILC session (2009)

Article 1(a), (c) and (d), of the Convention. Penal sanctions involving compulsory labour as a punishment for expressing political views, for breaches of labour discipline and for the participation in strikes. Since many years, the Committee has been referring to certain 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 sentences of imprisonment (involving compulsory 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 organization, for various breaches of discipline in the merchant marine and for participation in certain forms of strikes.

The Committee has noted the Government’s repeated statement in its reports that it is committed to bring the national legislation into conformity with the Convention. It notes from the Government’s latest report that the Merchant Shipping Act, 1967, has been reviewed and is looking forward to receiving a copy of the revised legislation. The Committee expresses the firm hope that all the abovementioned provisions will soon be brought into conformity with the Convention and that the Government will report on the progress achieved in this regard. It also asks the Government to provide information on various points raised in a more detailed request addressed directly to the Government.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

Referring to its observation under the Convention, the Committee requests the Government to provide information on the measures taken or envisaged with a view to bringing into conformity with the Convention the following provisions of the national legislation, to which the Committee referred in its earlier comments.

Article 1(a) of the Convention. 1. In its earlier comments the Committee noted that, under section 11(1) of the Societies Act, 1968, the Registrar may refuse to register a society, inter alia, where it is certified that such society is connected with any organization of a political nature established outside Kenya; under section 11(2), the Registrar shall refuse to register a society, inter alia, where it appears to him that the interests of peace, welfare or good order would be likely to suffer prejudice by reason of the registration of the society, or where the Minister has declared it to be a society dangerous to the good government of the Republic; the registration of a registered society may be cancelled, inter alia, on similar grounds under section 12(1) and (3) of the Act. According to section 4(1) of the Act, every society which is not a registered society or an exempt society is an unlawful society; as the Government has indicated, persons are liable to punishment under sections 5 and 6 of the Act for managing an unlawful society or being a member of such a society; if convicted, they may be sentenced to imprisonment, which involves compulsory labour.

2. The Committee notes the Government’s brief indication in the report that courts have strictly interpreted the above provisions of the Societies Act and have either fined or imprisoned offenders under the Act, but that the Act does not prescribe any form of labour as a punishment. However, as the Committee previously noted, sanctions of imprisonment involve an obligation of prisoners to perform labour. The Committee requests the Government to supply detailed information on the practical application of the provisions of the Societies Act, 1968, relating to the registration, cancellation or suspension of registration and prohibition of societies, supplying sample copies of the relevant court decisions and indicating the penalties imposed, as well as on any measures taken in this connection to ensure that no form of forced or compulsory labour (including compulsory prison labour) may be imposed in circumstances falling within Article 1(a) of the Convention.

3. In its earlier comments the Committee also noted that, under section 5 of the Public Order Act (Cap. 56), the police authorities are entitled to control and direct the conduct of public gatherings, and have extensive powers to refuse licences for public gatherings, that public gatherings are defined in such a manner as to cover meetings in what are in fact private premises (section 2), and that the penalty for contravention of these provisions may be imprisonment (section 17), which involves, as previously noted, an obligation to perform labour. The Government indicates in its report that the Statute Law (Repeals and Miscellaneous Amendments) Act No. 10 (1997) introduced amendments to section 5 of the Public Order Act, making it inapplicable to situations referred to as "excluded meetings". The Committee would appreciate it if the Government would communicate a copy of the amending text, as well as the information on the application of this provision in practice. Please also supply information on the further steps to eliminate any other discrepancies between the national legislation and the Convention, to which reference has been made in the report, in order to ensure that no form of forced or compulsory labour is imposed in circumstances falling within Article 1(a) of the Convention.

4. With reference to its observation under the Convention, and noting also the Government’s expressed commitment to take further steps to eliminate any other provisions that may appear contrary to the Convention, the Committee again requests the Government to communicate detailed information regarding:

(a)  the practical application of section 53 of the Penal Code concerning prohibited publications;

(b)  the measures taken or contemplated in regard to sections 10 and 17 of the Public Order Act (as amended) and the Prohibited Publications Order, 1968 (LN 100), read in conjunction with section 53 of the Penal Code, to ensure the observance of the Convention.

Article 1 (c) and (d). 5. In its earlier comments the Committee referred to sections 145(1)(b), (c) and (e), 147 and 151 of the Merchant Shipping Act, 1967, providing for certain disciplinary offences by seafarers to be punished by imprisonment involving an obligation to perform labour and permitting seafarers to be forcibly conveyed on board ship. The Committee notes the Government’s indication in its report that the process of reviewing of the Merchant Shipping Act is still in progress and that the above provisions have been brought to the attention of the task force. As the Committee has indicated previously, the provisions in question were based on the United Kingdom Merchant Shipping Act, 1894, and the Government may wish to refer, in its examination of the matter, to the revised provisions on discipline in the United Kingdom Merchant Shipping Act, 1970, in which account has been taken of the requirements of the Convention. The Committee expresses firm hope that the Government will soon be in a position to report on measures adopted to ensure the observance of the Convention on this point.

6. In its earlier comments the Committee also noted that imprisonment (involving an obligation to perform labour) may be imposed for participation in a strike:

(a)  under section 25 of the Trade Disputes Act, where the strike has been prohibited by the Minister under his powers under sections 19, 20 and 21 of the Act;

(b)  under section 28 of the Act, where a strike has been prohibited by the Minister under sections 30 and 31 in any essential service (which, according to the first schedule of the Act, includes not only essential services in the strict sense of the term, but also more general services such as undertakings engaged in the distribution of fuel, petrol and oil, transport services provided by the Kenya Railways, and port and dock services).

7. The Committee notes the Government’s indication in its report that measures have been taken to ensure that any punishment for participation in unlawful strikes does not include forced labour. It requests the Government to describe such measures and expresses firm hope that the abovementioned provisions will be reviewed in the light of Article 1(d) of the Convention, so that any prohibition of strikes under sections 19, 20, 21, 30 and 31, punishable under sections 25 and 28 by imprisonment (involving an obligation to perform labour) be limited to cases where the interruption of services would endanger the life, personal safety or health of the whole or part of the population. It requests the Government to report on measures taken to ensure the observance of the Convention in this respect.

Observation (CEACR) - adopted 2005, published 95th ILC session (2006)

Article 1(a), (c) and (d) of the Convention. Over a number of years, the Committee has been referring 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 organization, for various breaches of discipline in the merchant marine and for participation in certain forms of strikes.

The Committee previously noted the Government’s indication in its 2003 report that serious discussions were under way between the Office of the President, the Attorney General’s Chambers, the Law Reform Commission and the Ministry of Labour regarding the proposals to be introduced in order to bring the above legislation into complete conformity with the Convention.

In its latest report, the Government renews its commitment to see to it that the national legislation is brought into full conformity with the Convention and reiterates that a full report on the current measures being taken in order to bring national law and practice into conformity with the Convention will soon be forwarded to the ILO.

The Committee trusts that the necessary measures will be taken in the near future to bring the abovementioned provisions into conformity with the Convention and that the Government will report on the progress achieved in this regard. It also asks the Government to provide information on various points raised in a more detailed request addressed directly to the Government.

 

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

Referring to its observation under the Convention, the Committee again requests the Government to provide information on the measures taken or envisaged with a view to bringing into conformity with the Convention the following provisions of the national legislation, to which the Committee referred in its earlier comments.

Article 1(a) of the Convention. 1. In its earlier comments the Committee noted that under section 11(1) of the Societies Act, 1968, the Registrar may refuse to register a society, inter alia, where he is satisfied that such society is connected with any organization of a political nature established outside Kenya; under section 11(2) the Registrar shall refuse to register a society, inter alia, where it appears to him that the interests of peace, welfare or good order would be likely to suffer prejudice by reason of the registration of the society, or where the Minister has declared it to be a society dangerous to the good government of the Republic; the registration of a registered society may be cancelled, inter alia, on similar grounds under section 12(1) and (3) of the Act. According to section 4(1) of the Act, every society which is not a registered society or an exempt society is an unlawful society; as the Government has indicated, persons are liable to punishment under sections 5 and 6 of the Act for managing an unlawful society or being a member of such a society; if convicted, they may be sentenced to imprisonment, involving compulsory labour.

2. With reference to the explanations provided in paragraphs 102-109 and 140 of its  General Survey of 1979 on the abolition of forced labour, the Committee again requests the Government to supply detailed information on the practical application of the provisions of the Societies Act, 1968, relating to the registration, cancellation or suspension of registration and prohibition of societies, and on any measures taken in this connection to ensure that no form of forced or compulsory labour (including compulsory prison labour) may be imposed in circumstances falling within Article 1(a) of the Convention.

3. In its earlier comments the Committee also noted that under section 5 of the Public Order Act (Cap. 56) the police authorities are entitled to control and direct the conduct of public gatherings, and have extensive powers to refuse licences for public gatherings, that public gatherings are defined in such a manner as to cover meetings in what are in fact private premises (section 2), and that the penalty for contravention of these provisions may be imprisonment (section 17) involving, as previously noted, an obligation to perform labour. With reference to the explanations given in paragraphs 133 and 139 of its 1979 General Survey, the Committee again requests the Government to supply information on the practical application of the above provisions, as well as on any measures taken or contemplated in regard to these provisions to ensure that no form of forced or compulsory labour is imposed in circumstances falling within Article 1(a) of the Convention.

4. With reference to its observation under the Convention and to paragraphs 133 and 138 of its 1979 General Survey, the Committee requests the Government to communicate detailed information regarding:

(a)  the practical application of section 53 of the Penal Code concerning prohibited publications;

(b)  the measures taken or contemplated in regard to sections 10 and 17 of the Public Order Act (as amended) and the Prohibited Publications Order, 1968 (LN 100), read in conjunction with section 53 of the Penal Code, to ensure the observance of the Convention.

Article 1(c) and (d). 5. In its earlier comments the Committee referred to sections 145(1)(b), (c) and (e), 147, and 151 of the Merchant Shipping Act, 1967, providing for certain disciplinary offences by seamen to be punished by imprisonment involving an obligation to perform labour and permitting seamen to be forcibly conveyed on board ship. The Committee has noted the Government’s renewed statement in its report that it was considering amendments to the Merchant Shipping Act and that developments in this matter would be communicated. As the Committee has indicated previously, the provisions in question were based on the United Kingdom Merchant Shipping Act, 1894, and the Government may wish to refer, in its examination of the matter, to the revised provisions on discipline in the United Kingdom Merchant Shipping Act, 1970, in which account has been taken of the requirements of the Convention. Recalling its comments in paragraphs 117 and 125 of its 1979 General Survey, the Committee reiterates its hope that the Government will soon be able to report on measures adopted to ensure the observance of the Convention.

6. In its earlier comments the Committee also noted that imprisonment (involving an obligation to perform labour) may be imposed for participation in a strike:

(a)  under section 25 of the Trade Disputes Act, where the strike has been prohibited by the Minister under his powers under sections 19, 20 and 21 of the Act;

(b)  under section 28 of the Act, where a strike has been prohibited by the Minister under sections 30 and 31 in any essential service (which, according to the first Schedule of the Act, includes not only essential services in the strict sense of the term, but also more general services such as undertakings engaged in the distribution of fuel, petrol and oil, transport services provided by the Kenya Railways and port and dock services). The Committee has noted the Government’s renewed statement in its report that it would soon be able to report on the practical measures to be taken to ensure  the observance of the Convention in this respect.

7. With reference to the explanations provided in paragraphs 120-132 of its 1979 General Survey, the Committee reiterates the hope that the Government will soon be in a position to report on progress made to bring legislation on merchant shipping and on strike into conformity with the Convention. It trusts that the abovementioned provisions will be reviewed in the light of the provisions of Article 1(d) of the Convention, so that any prohibition of strikes under sections 19, 20, 21, 30 and 31, punishable under sections 25 and 28 by imprisonment (involving an obligation to perform labour) be limited to cases where the interruption of services would endanger the life, personal safety or health of the whole or part of the population. It requests the Government to report on measures taken to ensure the observance of the Convention in this respect.

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

In its earlier comments, the Committee referred 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 organization, for various breaches of discipline in the merchant marine and for participation in certain forms of strikes.

The Government reiterates in its report its earlier commitment to see to it that the national legislation is brought into full conformity with the Convention and indicates that serious discussions are still under way between the Office of the President, the Attorney General’s Chambers, the Law Reform Commission and the Ministry of Labour regarding the proposals to be introduced for that purpose. The Government also states that a full report on the current measures being taken in order to bring national law and practice into conformity with the Convention will soon be forwarded to the ILO.

The Committee expresses the firm hope that the necessary measures will be taken in the near future to bring the abovementioned provisions into conformity with the Convention and that the Government will report on the progress achieved in this regard. It also asks the Government to provide information on various points raised in a more detailed request addressed directly to the Government.

Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

1. The Committee previously noted the Government’s statement in its 1990 report that, in order to bring legislation into conformity with the Convention, the Ministry of Labour had recommended to amend Rule 86 of the Prison Rules so as to exempt persons imprisoned in the circumstances stated in Article 1 of the Convention from the obligation to work. Referring to its observation under the Convention, the Committee requests the Government to provide information, as well as copies of relevant texts, on any provisions having a bearing on the Convention adopted in the framework of the constitutional reform and the comprehensive labour law revision, to which reference is made in the report, and in particular those which might have modified the following provisions to which the Committee referred in its earlier comments.

Article 1 of the Convention. 2. In comments made since 1969 the Committee referred to the effect which various measures taken under emergency powers might have on the observance of the Convention. It noted that certain regulations had been made under section 19(1) of the Kenya Independence Order in Council and Part III of the Preservation of Public Security Act. These regulations empowered the executive or administrative authorities to adopt certain measures which might have a bearing on the application of the Convention, since contraventions thereof could be punished with imprisonment (involving an obligation to perform labour). The Committee noted that the constitutional guarantees relating to personal liberty, freedom of expression, assembly, association and movement, and discrimination were not applicable to these measures. Reference was made to the following provisions:

(a)   regulations 3, 4 and 5(1), read together with regulation 15(c), of the Preservation of Public Security (Detained and Restricted Persons) Regulations, 1966, and regulation 22(1) and (4), read together with regulation 31(c), of the North-Eastern Province and Contiguous Districts Regulations, 1966 (powers to issue restriction orders, including restrictions as to residence, movement, association and communication);

(b)   regulations 6 and 7(1), read together with regulation 15(c), of the Preservation of Public Security (Detained and Restricted Persons) Regulations, 1966, and regulation 23(1) and (4), read together with regulation 31(c) of the North-Eastern Province and Contiguous Districts Regulations, 1966 (powers of detention);

(c)   regulations 3 and 4, read together with regulations 8 and 12 of the Public Security (Control of Movement) Regulations, 1967 (powers to issue movement control orders, containing such conditions as are deemed expedient, applicable to persons defined by their membership in specified tribes);

(d)   regulation 15(1) of the North-Eastern Province and Contiguous Districts Regulations, 1966 (powers to require the performance of work or service).

3. The Government indicated earlier that no orders had been made to revoke the Orders of 20 July 1966 and 1 September 1966 whereby Parts II and III of the Preservation of Public Security Act were brought into operation. The Committee noted that section 19 of the Kenya Independence Order in Council was repealed by the Constitution of Kenya Act No. 5 of 1969. It has also noted that section 127 of the Constitution, which contained provisions similar to those of the abovementioned section 19, was also repealed by section 12 of Act No. 6 of 1992. The Committee asked the Government to indicate whether Part III of the Preservation of Public Security Act and the abovementioned regulations had ceased to be in operation. The Government indicates in its latest report that only paragraph (a) (powers to make regulations for the detention of persons) of section 4(2) in Part III of the Act has been deleted by Act No. 10 of 1997. It has not indicated whether the repeal of this paragraph had a bearing on the application of the above regulations. The Committee reiterates its hope that the Government will be able to indicate, in its next report, the measures adopted in the framework of the constitutional reform in respect of the abovementioned provisions in order to ensure compliance with the requirements of the Convention.

Article 1(a). 4. In its earlier comments the Committee noted that, under section 11(1) of the Societies Act, 1968, the Registrar may refuse to register a society, inter alia, where he is satisfied that such society is connected with any organization of a political nature established outside Kenya; under section 11(2) the Registrar shall refuse to register a society, inter alia, where it appears to him that the interests of peace, welfare or good order would be likely to suffer prejudice by reason of the registration of the society, or where the Minister has declared it to be a society dangerous to the good government of the Republic; the registration of a registered society may be cancelled, inter alia, on similar grounds under section 12(1) and (3) of the Act. According to section 4(1) of the Act, every society which is not a registered society or an exempt society is an unlawful society; as the Government has indicated, persons are liable to punishment under sections 5 and 6 of the Act for managing an unlawful society or being a member of such a society; if convicted, they may be sentenced to imprisonment, involving compulsory labour.

5. With reference to the explanations provided in paragraphs 102-109 and 140 of its 1979 General Survey on the abolition of forced labour, the Committee again requests the Government to supply detailed information on the practical application of the provisions of the Societies Act, 1968, relating to the registration, cancellation or suspension of registration and prohibition of societies, and on any measures taken in this connection to ensure that no form of forced or compulsory labour (including compulsory prison labour) may be imposed in circumstances falling within Article 1(a) of the Convention.

6. In its earlier comments the Committee also noted that under section 5 of the Public Order Act (Cap. 56) the police authorities are entitled to control and direct the conduct of public gatherings, and have extensive powers to refuse licences for public gatherings, that public gatherings are defined in such a manner as to cover meetings in what are in fact private premises (section 2), and that the penalty for contravention of these provisions may be imprisonment (section 17) involving, as previously noted, an obligation to perform labour. With reference to the explanations given in paragraphs 133 and 139 of its 1979 General Survey, the Committee again requests the Government to supply information on the practical application of the above provisions, as well as on any measures taken or contemplated in regard to these provisions to ensure that no form of forced or compulsory labour is imposed in circumstances falling within Article 1(a) of the Convention.

7. With reference to its observation under the Convention and to paragraphs 133 and 138 of its 1979 General Survey, the Committee requests the Government to communicate detailed information regarding:

(a)   the practical application of section 53 of the Penal Code concerning prohibited publications;

(b)   the measures taken or contemplated in regard to sections 10 and 17 of the Public Order Act (as amended) and the Prohibited Publications Order, 1968 (LN 100), read in conjunction with section 53 of the Penal Code, to ensure the observance of the Convention.

Article 1(c) and (d). 8. In its earlier comments the Committee referred to sections 145(1)(b), (c) and (e), 147 and 151 of the Merchant Shipping Act, 1967, providing for certain disciplinary offences by seamen to be punished by imprisonment involving an obligation to perform labour and permitting seamen to be forcibly conveyed on board ship. The Committee has noted the Government’s renewed statement in its report of 1995 that it was considering amendments to the Merchant Shipping Act and that developments in this matter would be communicated. As the Committee has indicated previously, the provisions in question were based on the United Kingdom Merchant Shipping Act, 1894, and the Government may wish to refer, in its examination of the matter, to the revised provisions on discipline in the United Kingdom Merchant Shipping Act, 1970, in which account has been taken of the requirements of the Convention. Recalling its comments in paragraphs 117 and 125 of its 1979 General Survey, the Committee reiterates its hope that the Government will soon be able to report on measures adopted to ensure the observance of the Convention.

9. In its earlier comments the Committee also noted that imprisonment (involving an obligation to perform labour) may be imposed for participation in a strike:

(a)   under section 25 of the Trade Disputes Act, where the strike has been prohibited by the Minister under his powers under sections 19, 20 and 21 of the Act;

(b)   under section 28 of the Act, where a strike has been prohibited by the Minister under sections 30 and 31 in any essential service (which, according to the first Schedule of the Act, includes not only essential services in the strict sense of the term, but also more general services such as undertakings engaged in the distribution of fuel, petrol and oil, transport services provided by the Kenya Railways and port and dock services). The Committee has noted the Government’s renewed statement in its report of 1995 that it would soon be able to report on the practical measures to be taken to ensure the observance of the Convention in this respect.

10. With reference to the explanations provided in paragraphs 120-132 of its 1979 General Survey, the Committee reiterates the hope that the Government will soon be in a position to report on progress made to bring legislation on merchant shipping and on strikes into conformity with the Convention. It trusts that the abovementioned provisions will be reviewed in the light of the provisions of Article 1(d) of the Convention, so that any prohibition of strikes under sections 19, 20, 21, 30 and 31, punishable under sections 25 and 28 by imprisonment (involving an obligation to perform labour) be limited to cases where the interruption of services would endanger the life, personal safety or health of the whole or part of the population, and that the Government will soon report on measures taken to ensure the observance of the Convention in this respect.

Observation (CEACR) - adopted 2001, published 90th ILC session (2002)

Over a number of years the Committee has been referring 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 organization, for various breaches of discipline in the merchant marine and for participation in certain forms of strikes.

The Committee has noted the Government’s indication in its report received in November 2000 that the Penal Code, the Public Order Act and the Prohibited Publications Order, 1968, are stated for revision in the framework of the constitutional reform to be undertaken before 2002. It has also noted the Government’s indications that the Merchant Shipping Act, 1967, and the Trade Disputes Act (Cap. 234) are still being revised and will be finalized in the framework of the comprehensive labour law revision project which will start soon in consultation with the social partners and with the technical assistance of the ILO, and that the labour law reform will consider amendments/repeals requested by the Committee. In its latest report received in November 2001, the Government indicates that a task force has been set up through the Attorney-General to review several legislative texts including the Penal Code, the Public Order Act and the Prohibited Publications Order, and another task force has been set up to review all the labour laws which will complete its work by August 2002.

The Committee trusts that the Government will soon be able to report on progress achieved as regards bringing the abovementioned provisions into conformity with the Convention. It asks the Government to provide information on various points raised in a more detailed request addressed directly to the Government.

Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

The Committee notes that no report has been received from the Government. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matters raised in its previous direct request:

1. In its earlier comments the Committee noted the Government's statement in its 1990 report that, in order to bring legislation into conformity with the Convention, the Ministry of Labour had recommended amending Rule 86 of the Prison Rules so as to exempt persons imprisoned in the circumstances stated in Article 1 of the Convention from the obligation to work. The Government indicated in its 1995 report that discussions on amending the legislation to bring it into conformity with the Convention were continuing. With reference to its observation, the Committee requests the Government to provide information, as well as copies of relevant texts, on any provisions adopted in November 1997 following constitutional amendments, which have a bearing on the Convention, and in particular which have modified the following provisions to which the Committee referred in its earlier comments.

Article 1 of the Convention. 2. In comments made since 1969 the Committee referred to the effect which various measures taken under emergency powers might have on the observance of the Convention. It noted that certain regulations had been made under section 19(1) of the Kenya Independence Order in Council and Part III of the Preservation of Public Security Act. These regulations empowered the executive or administrative authorities to adopt measures which might have a bearing on the application of the Convention, since contraventions could be punished with imprisonment (involving an obligation to perform labour). The Committee noted that the constitutional guarantees relating to personal liberty, freedom of expression, assembly, association and movement, and discrimination were not applicable to these measures. Reference was made to the following provisions:

(a) Regulations 3, 4 and 5(1), read together with Regulation 15(c), of the Preservation of Public Security (Detained and Restricted Persons) Regulations, 1966, and Regulation 22(1) and (4), read together with Regulation 31(c), of the North-Eastern Province and Contiguous Districts Regulations, 1966 (powers to issue restriction orders, including restrictions as to residence, movement, association and communication);

(b) Regulations 6 and 7(1), read together with Regulation 15(c), of the Preservation of Public Security (Detained and Restricted Persons) Regulations, 1966, and Regulation 23(1) and (4), read together with Regulation 31(c) of the North-Eastern Province and Contiguous Districts Regulations, 1966 (powers of detention);

(c) Regulations 3 and 4, read together with Regulations 8 and 12 of the Public Security (Control of Movement) Regulations, 1967 (powers to issue movement control orders, containing such conditions as are deemed expedient, applicable to persons defined by their membership in specified tribes);

(d) Regulation 15(1) of the North-Eastern Province and Contiguous Districts Regulations, 1966 (powers to require the performance of work or service).

3. The Government indicated earlier that no orders had been made to revoke the Orders of 20 July 1966 and 1 September 1966 whereby Parts II and III of the Preservation of Public Security Act were brought into operation. The Committee noted that section 19 of the Kenya Independence Order in Council was repealed by the Constitution of Kenya Act No. 5 of 1969. It has also noted that section 127 of the Constitution, which contained provisions similar to those of the above-mentioned section 19, was also repealed by section 12 of Act No. 6 of 1992. The Committee asks the Government to indicate whether Part III of the Preservation of Public Security Act and the above-mentioned Regulations have ceased to be in operation. It hopes that the Government will be able to indicate, in its next report, the measures adopted in respect of the above-mentioned provisions in order to ensure compliance with the requirements of Article 1 of the Convention.

Article 1(a). 4. In its earlier comments the Committee noted that under section 11(1) of the Societies Act, 1968, the Registrar may refuse to register a society, inter alia, where he is satisfied that it is connected with any organization of a political nature established outside Kenya; under section 11(2) the Registrar must refuse to register a society, inter alia, where it appears to him that the interests of peace, welfare or good order would be likely to suffer prejudice by reason of the registration of the society, or where the Minister has declared it to be a society dangerous to the good government of the Republic; and the registration of a registered society may be cancelled, inter alia, on similar grounds under section 12(1) and (3) of the Act. According to section 4(1) of the Act, every society which is not a registered society or an exempt society is an unlawful society; as the Government has indicated, persons are liable to punishment under sections 5 and 6 of the Act for managing an unlawful society or being a member of such a society; if convicted, they may be sentenced to imprisonment, involving compulsory labour.

5. With reference to the explanations provided in paragraphs 102-109 and 140 of its 1979 General Survey on the abolition of forced labour, the Committee again requests the Government to supply detailed information on the practical application of the provisions of the Societies Act, 1968, relating to the registration, cancellation or suspension of registration and prohibition of societies, and on any measures taken in this connection to ensure that no form of forced or compulsory labour (including compulsory prison labour) may be imposed in circumstances falling within Article 1(a) of the Convention.

6. In its earlier comments the Committee also noted that under section 5 of the Public Order Act (Cap. 56) the police authorities are entitled to control and direct the conduct of public gatherings and have extensive powers to refuse licences for public gatherings; that public gatherings are defined in such a manner as to cover meetings in what are in fact private premises (section 2); and that the penalty for contravention of these provisions may be imprisonment (section 17) involving, as previously noted, an obligation to perform labour. With reference to the explanations given in paragraphs 133 and 139 of its 1979 General Survey, the Committee again requests the Government to supply information on the practical application of the above provisions, as well as on any measures taken or contemplated in regard to these provisions to ensure that no form of forced or compulsory labour is imposed in circumstances falling within Article 1(a) of the Convention.

7. With reference to its observation and to paragraphs 133 and 138 of its 1979 General Survey, the Committee requests the Government to communicate detailed information regarding:

(a) the practical application of section 53 of the Penal Code concerning prohibited publications;

(b) the measures taken or contemplated in regard to sections 10 and 17 of the Public Order Act (as amended) and the Prohibited Publications Order, 1968 (LN 100), read in conjunction with section 53 of the Penal Code, to ensure the observance of the Convention.

Article 1(c) and (d). 8. In its earlier comments the Committee referred to sections 145(1)(b), (c) and (e), 147 and 151 of the Merchant Shipping Act, 1967, providing for certain disciplinary offences by seamen to be punished by imprisonment involving an obligation to perform labour and permitting seamen to be forcibly conveyed on board ship. The Committee has noted the Government's renewed statement in its report of 1995 that it was considering amendments to the Merchant Shipping Act and that developments in this matter would be communicated. As the Committee has indicated previously, the provisions in question were based on the United Kingdom Merchant Shipping Act, 1894, and the Government may wish to refer, in its examination of the matter, to the revised provisions on discipline in the United Kingdom Merchant Shipping Act, 1970, in which account has been taken of the requirements of the Convention. Recalling its comments in paragraphs 117 and 125 of its 1979 General Survey, the Committee reiterates its hope that the Government will soon be able to report on measures adopted to ensure the observance of the Convention.

9. In its earlier comments the Committee also noted that imprisonment (involving an obligation to perform labour) may be imposed for participation in a strike:

(a) under section 25 of the Trade Disputes Act, where the strike has been prohibited by the Minister under his powers under sections 19, 20 and 21 of the Act;

(b) under section 28 of the Act, where a strike has been prohibited by the Minister under sections 30 and 31 in any essential service (which, according to the first Schedule of the Act, includes not only essential services in the strict sense of the term, but also more general services such as undertakings engaged in the distribution of fuel, petrol and oil, transport services provided by the Kenya Railways and port and dock services). The Committee has noted the Government's renewed statement in its report of 1995 that it would soon be able to report on the practical measures to be taken to ensure the observance of the Convention in this respect.

10. With reference to the explanations provided in paragraphs 120-132 of its 1979 General Survey, the Committee expresses the hope that the Government will soon be in a position to report on progress made to bring legislation on merchant shipping and on strikes into conformity with the Convention. It trusts that the abovementioned provisions will be reviewed in the light of the provisions of Article 1(d) of the Convention, so that any prohibition of strikes under sections 19, 20, 21, 30 and 31, punishable under sections 25 and 28 by imprisonment (involving an obligation to perform labour) be limited to cases where the interruption of services would endanger the life, personal safety or health of the whole or part of the population, and that the Government will soon report on measures taken to ensure the observance of the Convention in this respect.

Observation (CEACR) - adopted 1999, published 88th ILC session (2000)

The Committee notes that no report has been received from the Government. It must therefore repeat its previous observation on the following matters:

Article 1(a), (c) and (d) of the Convention. In its earlier comments the Committee referred 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 organization, for various breaches of discipline in the merchant marine and for participation in certain forms of strikes. The Committee has noted that the Government's latest report contains no new information on this subject. The Committee requests the Government to provide, in its next report, information on any new developments in this field, including the report of the Task Force on the Reform of Penal Laws and Procedures submitted to the Attorney-General in December 1997, and on other matters referred to in a request which is being addressed directly to the Government.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

1. In its earlier comments the Committee noted the Government's statement in its 1990 report that, in order to bring legislation into conformity with the Convention, the Ministry of Labour had recommended amending Rule 86 of the Prison Rules so as to exempt persons imprisoned in the circumstances stated in Article 1 of the Convention from the obligation to work. The Government indicated in its 1995 report that discussions on amending the legislation to bring it into conformity with the Convention were continuing. With reference to its observation, the Committee requests the Government to provide information, as well as copies of relevant texts, on any provisions adopted in November 1997 following constitutional amendments, which have a bearing on the Convention, and in particular which have modified the following provisions to which the Committee referred in its earlier comments.

Article 1 of the Convention. 2. In comments made since 1969 the Committee referred to the effect which various measures taken under emergency powers might have on the observance of the Convention. It noted that certain regulations had been made under section 19(1) of the Kenya Independence Order in Council and Part III of the Preservation of Public Security Act. These regulations empowered the executive or administrative authorities to adopt measures which might have a bearing on the application of the Convention, since contraventions could be punished with imprisonment (involving an obligation to perform labour). The Committee noted that the constitutional guarantees relating to personal liberty, freedom of expression, assembly, association and movement, and discrimination were not applicable to these measures. Reference was made to the following provisions:

(a) Regulations 3, 4 and 5(1), read together with Regulation 15(c), of the Preservation of Public Security (Detained and Restricted Persons) Regulations, 1966, and Regulation 22(1) and (4), read together with Regulation 31(c), of the North-Eastern Province and Contiguous Districts Regulations, 1966 (powers to issue restriction orders, including restrictions as to residence, movement, association and communication);

(b) Regulations 6 and 7(1), read together with Regulation 15(c), of the Preservation of Public Security (Detained and Restricted Persons) Regulations, 1966, and Regulation 23(1) and (4), read together with Regulation 31(c) of the North-Eastern Province and Contiguous Districts Regulations, 1966 (powers of detention);

(c) Regulations 3 and 4, read together with Regulations 8 and 12 of the Public Security (Control of Movement) Regulations, 1967 (powers to issue movement control orders, containing such conditions as are deemed expedient, applicable to persons defined by their membership in specified tribes);

(d) Regulation 15(1) of the North-Eastern Province and Contiguous Districts Regulations, 1966 (powers to require the performance of work or service).

3. The Government indicated earlier that no orders had been made to revoke the Orders of 20 July 1966 and 1 September 1966 whereby Parts II and III of the Preservation of Public Security Act were brought into operation. The Committee noted that section 19 of the Kenya Independence Order in Council was repealed by the Constitution of Kenya Act No. 5 of 1969. It has also noted that section 127 of the Constitution, which contained provisions similar to those of the above-mentioned section 19, was also repealed by section 12 of Act No. 6 of 1992. The Committee asks the Government to indicate whether Part III of the Preservation of Public Security Act and the above-mentioned Regulations have ceased to be in operation. It hopes that the Government will be able to indicate, in its next report, the measures adopted in respect of the above-mentioned provisions in order to ensure compliance with the requirements of Article 1 of the Convention.

Article 1(a). 4. In its earlier comments the Committee noted that under section 11(1) of the Societies Act, 1968, the Registrar may refuse to register a society, inter alia, where he is satisfied that it is connected with any organization of a political nature established outside Kenya; under section 11(2) the Registrar must refuse to register a society, inter alia, where it appears to him that the interests of peace, welfare or good order would be likely to suffer prejudice by reason of the registration of the society, or where the Minister has declared it to be a society dangerous to the good government of the Republic; and the registration of a registered society may be cancelled, inter alia, on similar grounds under section 12(1) and (3) of the Act. According to section 4(1) of the Act, every society which is not a registered society or an exempt society is an unlawful society; as the Government has indicated, persons are liable to punishment under sections 5 and 6 of the Act for managing an unlawful society or being a member of such a society; if convicted, they may be sentenced to imprisonment, involving compulsory labour.

5. With reference to the explanations provided in paragraphs 102-109 and 140 of its 1979 General Survey on the abolition of forced labour, the Committee again requests the Government to supply detailed information on the practical application of the provisions of the Societies Act, 1968, relating to the registration, cancellation or suspension of registration and prohibition of societies, and on any measures taken in this connection to ensure that no form of forced or compulsory labour (including compulsory prison labour) may be imposed in circumstances falling within Article 1(a) of the Convention.

6. In its earlier comments the Committee also noted that under section 5 of the Public Order Act (Cap. 56) the police authorities are entitled to control and direct the conduct of public gatherings and have extensive powers to refuse licences for public gatherings; that public gatherings are defined in such a manner as to cover meetings in what are in fact private premises (section 2); and that the penalty for contravention of these provisions may be imprisonment (section 17) involving, as previously noted, an obligation to perform labour. With reference to the explanations given in paragraphs 133 and 139 of its 1979 General Survey, the Committee again requests the Government to supply information on the practical application of the above provisions, as well as on any measures taken or contemplated in regard to these provisions to ensure that no form of forced or compulsory labour is imposed in circumstances falling within Article 1(a) of the Convention.

7. With reference to its observation and to paragraphs 133 and 138 of its 1979 General Survey, the Committee requests the Government to communicate detailed information regarding:

(a) the practical application of section 53 of the Penal Code concerning prohibited publications;

(b) the measures taken or contemplated in regard to sections 10 and 17 of the Public Order Act (as amended) and the Prohibited Publications Order, 1968 (LN 100), read in conjunction with section 53 of the Penal Code, to ensure the observance of the Convention.

Article 1(c) and (d). 8. In its earlier comments the Committee referred to sections 145(1)(b), (c) and (e), 147 and 151 of the Merchant Shipping Act, 1967, providing for certain disciplinary offences by seamen to be punished by imprisonment involving an obligation to perform labour and permitting seamen to be forcibly conveyed on board ship. The Committee has noted the Government's renewed statement in its report of 1995 that it was considering amendments to the Merchant Shipping Act and that developments in this matter would be communicated. As the Committee has indicated previously, the provisions in question were based on the United Kingdom Merchant Shipping Act, 1894, and the Government may wish to refer, in its examination of the matter, to the revised provisions on discipline in the United Kingdom Merchant Shipping Act, 1970, in which account has been taken of the requirements of the Convention. Recalling its comments in paragraphs 117 and 125 of its 1979 General Survey, the Committee reiterates its hope that the Government will soon be able to report on measures adopted to ensure the observance of the Convention.

9. In its earlier comments the Committee also noted that imprisonment (involving an obligation to perform labour) may be imposed for participation in a strike:

(a) under section 25 of the Trade Disputes Act, where the strike has been prohibited by the Minister under his powers under sections 19, 20 and 21 of the Act;

(b) under section 28 of the Act, where a strike has been prohibited by the Minister under sections 30 and 31 in any essential service (which, according to the first Schedule of the Act, includes not only essential services in the strict sense of the term, but also more general services such as undertakings engaged in the distribution of fuel, petrol and oil, transport services provided by the Kenya Railways and port and dock services). The Committee has noted the Government's renewed statement in its report of 1995 that it would soon be able to report on the practical measures to be taken to ensure the observance of the Convention in this respect.

10. With reference to the explanations provided in paragraphs 120-132 of its 1979 General Survey, the Committee expresses the hope that the Government will soon be in a position to report on progress made to bring legislation on merchant shipping and on strikes into conformity with the Convention. It trusts that the above-mentioned provisions will be reviewed in the light of the provisions of Article 1(d) of the Convention, so that any prohibition of strikes under sections 19, 20, 21, 30 and 31, punishable under sections 25 and 28 by imprisonment (involving an obligation to perform labour) be limited to cases where the interruption of services would endanger the life, personal safety or health of the whole or part of the population, and that the Government will soon report on measures taken to ensure the observance of the Convention in this respect.

Observation (CEACR) - adopted 1998, published 87th ILC session (1999)

Article 1(a), (c) and (d) of the Convention. In its earlier comments the Committee referred 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 organization, for various breaches of discipline in the merchant marine and for participation in certain forms of strikes. The Committee has noted that the Government's latest report contains no new information on this subject. The Committee requests the Government to provide, in its next report, information on any new developments in this field, including the report of the Task Force on the Reform of Penal Laws and Procedures submitted to the Attorney-General in December 1997, and on other matters referred to in a request which is being addressed directly to the Government.

Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

The Committee notes the Government's statement in its report dated 31 May 1990 that, in order to bring legislation into conformity with the Convention, the Ministry of Labour has recommended to amend Rule 86 of the Prison Rules so as to exempt persons imprisoned in the circumstances stated in Article 1 of the Convention from the obligation to work. The Committee notes that in its report for the period ending 30 June 1991 the Government declares that discussions on amending legislation to bring it into harmony with the Convention, are continuing.

Referring also to its observation under the Convention, the Committee requests the Government to provide a copy of the provisions introducing party pluralism and repealing the provisions which had introduced a one-party system on 9 June 1982. It also requests the Government to provide information, as well as copies of relevant texts, on any provisions adopted following the above-mentioned amendments which have a bearing on the Convention and in particular those which might have modified the following provisions to which the Committee referred previously:

Article 1 of the Convention. 1. In comments made since 1969 the Committee referred to the effect which various measures taken under emergency powers might have on the observance of the Convention. It noted that certain regulations had been made under section 19(1) of the Kenya Independence Order in Council and Part III of the Preservation of Public Security Act. These regulations empowered the executive or administrative authorities to adopt certain measures which might have a bearing on the application of the Convention, since contraventions thereof could be punished with imprisonment (involving an obligation to perform labour). The Committee noted that the constitutional guarantees relating to personal liberty, freedom of expression, assembly, association and movement, and discrimination were not applicable to these measures. Reference was made to the following provisions:

(a) regulations 3, 4 and 5(1), read together with regulation 15(c), of the Preservation of Public Security (Detained and Restricted Persons) Regulations, 1966, and regulation 22(1) and (4), read together with regulation 31(c), of the North-Eastern Province and Contiguous Districts Regulations, 1966 (powers to issue restriction orders, including restrictions as to residence, movement, association and communication);

(b) regulations 6 and 7(1), read together with regulation 15(c), of the Preservation of Public Security (Detained and Restricted Persons) Regulations, 1966 and regulation 23(1) and (4), read together with regulation 31(c) of the North-Eastern Province and Contiguous Districts Regulations, 1966 (powers of detention);

(c) regulations 3 and 4, read together with regulations 8 and 12 of the Public Security (Control of Movement) Regulations, 1967 (powers to issue movement control orders, containing such conditions as are deemed expedient, applicable to persons defined by their membership in specified tribes);

(d) regulation 15(1) of the North-Eastern Province and Contiguous Districts Regulations, 1966 (powers to require the performance of work or service).

The Government indicated earlier that no orders had been made to revoke the Orders of 20 July 1966 and 1 September 1966 whereby Parts II and III of the Preservation of Public Security Act were brought into operation. The Committee noted that, while section 5 of the Constitution of Kenya Act, No. 5 of 1969 repealed section 19 of the Kenya Independence Order in Council, it provided that any regulations made under the said section 19 and in force immediately before the commencement of the Constitution of Kenya Act were to continue in force and were to be deemed to have been made under section 127 of the revised Constitution, which contains provisions similar to those of the repealed section 19 of the Kenya Independence Order in Council.

The Committee asked the Government to indicate whether a notice had been published under section 127(3) of the revised Constitution to bring to an end the operation of subsections (1) and (2) of that section, and whether Part III of the Preservation of Public Security Act and the above-mentioned regulations had ceased to be in operation.

Referring to paragraphs 66 and 134 of its 1979 General Survey on the Abolition of Forced Labour, the Committee recalls that the nature and duration of any measures occasioned by an emergency and falling within the scope of the Convention should be limited to what is strictly required in order to cope with circumstances endangering the life, personal safety or health of the whole or part of the population.

The Committee hopes that the Government will be able to indicate in its next report the measures adopted in respect of the above-mentioned provisions in order to ensure compliance with the requirements of Article 1 of the Convention. The Committee would also ask the Government to provide detailed information on the circumstances in which the provisions mentioned in subparagraphs (a) to (c) are applied (including the number of convictions and copies of relevant court decisions).

The Committee also requests the Government to supply information on any further provisions adopted under section 127(1) of the revised Constitution and still in force in matters relevant to the Convention (limitations on expression of views, political activities, meetings, obligation to perform work or services, obligations imposed on members of specified tribes, etc.)

Article 1(a). 2. The Committee earlier noted that, under section 11(1) of the Societies Act, 1968, the Registrar may refuse to register a society, inter alia, where he is satisfied that such society is connected with any organisation of a political nature established outside Kenya; under section 11(2), the Registrar shall refuse to register a society, inter alia, where it appears to him that the interests of peace, welfare or good order would be likely to suffer prejudice by reason of the registration of the society, or where the Minister has declared it to be a society dangerous to the good government of the Republic; the registration of a registered society may be cancelled, inter alia, on similar grounds under section 12(1) and (3) of the Act. According to section 4(1) of the Act, every society which is not a registered society or an exempt society is an unlawful society; as the Government has indicated, persons are liable to punishment under sections 5 and 6 of the Act for managing an unlawful society or being a member of such a society; if convicted, they may be sentenced to imprisonment, involving compulsory labour.

Referring to the explanations provided in paragraphs 102 to 109 and 140 of its 1979 General Survey, the Committee again requests the Government to supply detailed information on the practical application of the provisions of the Societies Act, 1968, relating to the registration, cancellation or suspension of registration and prohibition of societies, and on any measures taken in this connection to ensure that no form of forced or compulsory labour (including compulsory prison labour) may be imposed in circumstances falling within Article 1(a) of the Convention.

3. The Committee earlier noted that, under section 5 of the Public Order Act (Cap. 56), the police authorities are entitled to control and direct the conduct of public gatherings, and have extensive powers to refuse licences for public gatherings, that public gatherings are defined in such a manner as to cover meetings in what are in fact private premises (section 2), and that the penalty for contravention of these provisions may be imprisonment (section 17 involving, as previously noted, an obligation to perform labour). Referring to the explanations given in paragraphs 133 and 139 of its 1979 General Survey, the Committee again requests the Government to supply information on the practical application of the above provisions, as well as on any measures taken or contemplated in regard to these provisions to ensure that no form of forced or compulsory labour is imposed in circumstances falling within Article 1(a) of the Convention.

4. Referring to its observation on the Convention and to paragraphs 133 and 138 of its 1979 General Survey, the Committee would appreciate detailed information regarding:

(a) the practical application of section 53 of the Penal Code, concerning prohibited publications;

(b) the measures taken or contemplated in regard to sections 10 and 17 of the Public Order Act (as amended) and the Prohibited Publications Order, 1968 (LN 100), read in conjunction with section 53 of the Penal Code, to ensure the observance of the Convention.

Article 1(c) and (d). 5. The Committee refers to its previous comments concerning sections 145(1)(b), (c) and (e), 147 and 151 of the Merchant Shipping Act, 1967, providing for certain disciplinary offences by seamen to be punished by imprisonment involving an obligation to perform labour and permitting seamen to be forcibly conveyed on board ship. The Committee noted that the Government was considering amendments to the Merchant Shipping Act and that developments in this matter would be communicated. As the Committee has indicated previously, the provisions in question were based on the United Kingdom Merchant Shipping Act, 1894, and the Government may wish to refer, in its examination of the matter, to the revised provisions on discipline in the United Kingdom Merchant Shipping Act, 1970 in which account has been taken of the requirements of the Convention.

Recalling its comments in paragraphs 117 and 125 of its 1979 General Survey, the Committee hopes that the Government will be able at an early date to report on measures adopted to ensure the observance of the Convention.

6. In its previous comments, the Committee noted that imprisonment (involving an obligation to perform labour) may be imposed for participation in a strike:

(a) under section 25 of the Trade Disputes Act, where the strike has been prohibited by the Minister under his powers under sections 19, 20 and 21 of the Act;

(b) under section 28 of the Act, where a strike has been prohibited by the Minister under sections 30 and 31 in any essential service (which, according to the first Schedule of the Act, includes not only essential services in the strict sense of the term, but also more general services such as undertakings engaged in the distribution of fuel, petrol and oil, transport services provided by the Kenya Railways and port and dock services).

The Committee noted the Government's indication that it would soon be able to report on the practical measures to be taken to ensure the observance of this Article of the Convention.

Referring to the explanations provided in paragraphs 120 to 132 of its 1979 General Survey, the Committee again expresses the hope that, following the assistance given to the Government in 1990 by the International Labour Office in reviewing or drafting certain provisions, the Government will be in a position to report on progress made to bring legislation on merchant shipping and on strike into conformity with the Convention. It expresses the hope that the above-mentioned provisions will be reviewed in the light of the provisions of Article 1(d) of the Convention, so that any prohibition of strikes under sections 19, 20, 21, 30 and 31, punishable under sections 25 and 28 by imprisonment (involving an obligation to perform labour) be limited to cases where the interruption of services would endanger the life, personal safety or health of the whole or part of the population and that the Government will soon report on measures taken to ensure the observance of the Convention in this respect.

Observation (CEACR) - adopted 1992, published 79th ILC session (1992)

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 statement in its report that discussions continue between the Office of the President, the Attorney-General's Chambers, 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 Merchant Shipping Act, into conformity with the provisions of the Convention.

The Committee trusts that the Government will soon be able to report on progress achieved as regards the above-mentioned provisions. The Committee hopes that the Government will provide detailed information on various points raised in a more detailed request which is again being addressed directly to the Government.

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

Referring to its observation on this Convention and noting that the Government's reports for the periods ending 30 May and 30 June 1989 do not provide information in response to its previous direct request, the Committee repeats its request to the Government to supply detailed information on the following matters:

Article 1 of the Convention. In comments made since 1969 the Committee referred to the effect which various measures taken under emergency powers might have on the observance of the Convention. It noted that certain regulations had been made under section 19(1) of the Kenya Independence Order in Council and Part III of the Preservation of Public Security Act. These regulations empowered the executive or administrative authorities to adopt certain measures which might have a bearing on the application of the Convention, since contraventions thereof could be punished with imprisonment (involving an obligation to perform labour). The Committee noted that the constitutional guarantees relating to personal liberty, freedom of expression, assembly, association and movement, and discrimination were not applicable to these measures. Reference was made to the following provisions:

(a)regulations 3, 4 and 5(1), read together with regulation 15(c), of the Preservation of Public Security (Detained and Restricted Persons) Regulations, 1966, and regulation 22(1) and (4), read together with regulation 31(c), of the North-Eastern Province and Contiguous Districts Regulations, 1966 (powers to issue restriction orders, including restrictions as to residence, movement, association and communication);

(b)regulations 6 and 7(1), read together with regulation 15(c), of the Preservation of Public Security (Detained and Restricted Persons) Regulations, 1966 and regulation 23(1) and (4), read together with regulation 31(c) of the North-Eastern Province and Contiguous Districts Regulations, 1966 (powers of detention);

(c)regulations 3 and 4, read together with regulations 8 and 12 of the Public Security (Control of Movement) Regulations, 1967 (powers to issue movement control orders, containing such conditions as are deemed expedient, applicable to persons defined by their membership in specified tribes);

(d)regulation 15(1) of the North-Eastern Province and Contiguous Districts Regulations, 1966 (powers to require the performance of work or service).

The Government indicated earlier that no orders had been made to revoke the Orders of 20 July 1966 and 1 September 1966 whereby Parts II and III of the Preservation of Public Security Act were brought into operation. The Committee noted that, while section 5 of the Constitution of Kenya Act, No. 5 of 1969 repealed section 19 of the Kenya Independence Order in Council, it provided that any regulations made under the said section 19 and in force immediately before the commencement of the Constitution of Kenya Act were to continue in force and were to be deemed to have been made under section 127 of the revised Constitution, which contains provisions similar to those of the repealed section 19 of the Kenya Independence Order in Council.

The Committee asked the Government to indicate whether a notice had been published under section 127(3) of the revised Constitution to bring to an end the operation of subsections (1) and (2) of that section, and whether Part III of the Preservation of Public Security Act and the above-mentioned regulations had ceased to be in operation.

Referring to paragraphs 66 and 134 of its 1979 General Survey on the Abolition of Forced Labour, the Committee recalls that the nature and duration of any measures occasioned by an emergency and falling within the scope of the Convention should be limited to what is strictly required in order to cope with circumstances endangering the life, personal safety or health of the whole or part of the population.

The Committee hopes that the Government will be able to indicate in its next report the measures adopted in respect of the above-mentioned provisions in order to ensure compliance with the requirements of Article 1 of the Convention. The Committee would also ask the Government to provide detailed information on the circumstances in which the provisions mentioned in subparagraphs (a) to (c) are applied (including the number of convictions and copies of relevant court decisions).

The Committee also requests the Government to supply information on any further provisions which may be adopted under section 127(1) of the revised Constitution in matters relevant to the Convention (limitations on expression of views, political activities, meetings, obligation to perform work or services, obligations imposed on members of specified tribes, etc.)

Article 1(a). 2. The Committee earlier noted that, under section 11(1) of the Societies Act, 1968, the Registrar may refuse to register a society, inter alia, where he is satisfied that such society is connected with any organisation of a political nature established outside Kenya; under section 11(2), the Registrar shall refuse to register a society, inter alia, where it appears to him that the interests of peace, welfare or good order would be likely to suffer prejudice by reason of the registration of the society, or where the Minister has declared it to be a society dangerous to the good government of the Republic; the registration of a registered society may be cancelled, inter alia, on similar grounds under section 12(1) and (3) of the Act. According to section 4(1) of the Act, every society which is not a registered society or an exempt society is an unlawful society; as the Government has indicated, persons are liable to punishment under sections 5 and 6 of the Act for managing an unlawful society or being a member of such a society; if convicted, they may be sentenced to imprisonment, involving compulsory labour.

Referring to the explanations provided in paragraphs 102 to 109 and 140 of its 1979 General Survey, the Committee requests the Government to supply detailed information on the practical application of the provisions of the Societies Act, 1968, relating to the registration, cancellation or suspension of registration and prohibition of societies, and on any measures taken in this connection to ensure that no form of forced or compulsory labour (including compulsory prison labour) may be imposed in circumstances falling within Article 1(a) of the Convention.

3. The Committee also requests the Government to supply a copy of the revised articles of the Constitution adopted on 9 June 1982, which introduced a one-party system.

4. The Committee earlier noted that, under section 5 of the Public Order Act (Cap. 56), the police authorities are entitled to control and direct the conduct of public gatherings, and have extensive powers to refuse licences for public gatherings, that public gatherings are defined in such a manner as to cover meetings in what are in fact private premises (section 2), and that the penalty for contravention of these provisions may be imprisonment (section 17 involving, as previously noted, an obligation to perform labour). Referring to the explanations given in paragraphs 133 and 139 of its 1979 General Survey, the Committee requests the Government to supply information on the practical application of the above provisions, as well as on any measures taken or contemplated in regard to these provisions to ensure that no form of forced or compulsory labour is imposed in circumstances falling within Article 1(a) of the Convention.

5. Referring to its observation on the Convention and to paragraphs 133 and 138 of its 1979 General Survey, the Committee would appreciate detailed information regarding:

(a)the practical application of section 53 of the Penal Code, concerning prohibited publications;

(b)the measures taken or contemplated in regard to sections 10 and 17 of the Public Order Act (as amended) and the Prohibited Publications Order, 1968 (LN 100), read in conjunction with section 53 of the Penal Code, to ensure the observance of the Convention.

Article 1(c) and (d). 6. The Committee refers to its previous comments concerning sections 145(1)(b), (c) and (e), 147 and 151 of the Merchant Shipping Act, 1967, providing for certain disciplinary offences by seamen to be punished by imprisonment involving an obligation to perform labour and permitting seamen to be forcibly conveyed on board ship. The Committee noted that the Government had already pointed out to the ILO that it was considering the amendments of the Merchant Shipping Act and that developments in this matter would soon be communicated. As the Committee has indicated previously, the provisions in question were based on the United Kingdom Merchant Shipping Act, 1894, and the Government may wish to refer, in its examination of the matter, to the revised provisions on discipline in the United Kingdom Merchant Shipping Act, 1970 in which account has been taken of the requirements of the Convention.

Recalling its comments in paragraphs 117 and 125 of its 1979 General Survey, the Committee hopes that the Government will be able at an early date to report on measures adopted to ensure the observance of the Convention.

Article 1(d). 7. In its previous comments, the Committee noted that imprisonment (involving an obligation to perform labour) may be imposed for participation in a strike:

(a)under section 25 of the Trade Disputes Act, where the strike has been prohibited by the Minister under his powers under sections 19, 20 and 21 of the Act;

(b)under section 28 of the Act, where a strike has been prohibited by the Minister under sections 30 and 31 in any essential service (which, according to the first Schedule of the Act, includes not only essential services in the strict sense of the term, but also more general services such as undertakings engaged in the distribution of fuel, petrol and oil, transport services provided by the Kenya Railways and port and dock services).

The Committee notes the Government's indication that it will soon be able to report on the practical measures to be taken to ensure the observance of this Article of the Convention.

Referring to the explanations provided in paragraphs 120 to 132 of its 1979 General Survey, the Committee expresses the hope that the above-mentioned provisions will be reviewed in the light of the provisions of Article 1(d) of the Convention, so that any prohibition of strikes under sections 19, 20, 21, 30 and 31, punishable under sections 25 and 28 by imprisonment (involving an obligation to perform labour) be limited to cases where the interruption of services would endanger the life, personal safety or health of the whole or part of the population and that the Government will soon report on measures taken to ensure the observance of the Convention in this respect.

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.