A/HRC/41/43/Add.2
safety and health inspection, under the Directorate of Occupational Safety and Health
Services, working from 8 provincial labour offices and 20 district labour offices. 39 The
Working Group learned that the system of inspection lacks the resources to carry out its
mandate effectively. This is exacerbated by poor coordination between the labour and the
occupational safety and health inspection systems. At times they are located in different
premises and have limited exchange of information, and they conduct joint visits only
exceptionally.40 In addition, the requirement of prior notification for inspections suppresses
the element of surprise and the deterring effect that the inspections can play, in addition to
reinforcing the impression of perceived collusion between the Ministry and companies. 41
Beside this, the Working Group observed a lack of information on the results of their visits.
County governments stated that closer collaboration between devolved national labour
authorities and county governments in conducting inspections may address some of these
weaknesses.
Occupational safety and health
38.
Several cases of severe industrial accidents and labour-related diseases in the
agriculture and construction sectors were presented to the Working Group. In these cases,
victims were not adequately compensated and some were subsequently laid off. In addition,
workers emphasized to the Working Group that often they were not provided with the
required safety equipment. Consequently, they were reportedly exposed to chemicals and
other hazards, which could have adverse effects on their health. The growing casualization
of workers may lead to an increase in industrial accidents and a lack of compensation
unless preventive measures are taken.
Trade unions and right of assembly
39.
An increase is noted in the total number of registered collective bargaining
agreements, to 232 in 2017 from 128 in 2016.42 However, the Working Group heard several
testimonies from workers who linked their dismissal to joining or forming independent
trade unions or demanding that their rights be respected. 43
Casual workers
40.
The Working Group learned with concern that the casualization of workers in the
private and public sectors would be growing. The lack of social protection for workers and
barriers to unionization are issues of concern arising from this trend.
Child labour
41.
The adoption of the National Policy on Elimination of Child Labour in 2016, the
creation of the Child Protection Unit within the Kenya police to investigate cases of child
exploitation, and the measures taken to achieve universal free primary and secondary
education are key in combating child labour. However, this scourge remains a challenge in
Kenya, including for agricultural, domestic, artisanal mining work and in the context of
sexual exploitation and sale of children. 44 The creation of mechanisms to monitor the
enforcement of the prohibition of child labour should therefore be encouraged.
Persons with disabilities
42.
While only 1 per cent of persons with disabilities work (see CRPD/C/KEN/CO/1),
measures have been taken to foster their access to the labour market, including setting an
employment quota of 5 per cent in the public and private sectors, establishing the National
39
40
41
42
43
44
10
Labour Institutions Act, art. 35; and Occupational Safety and Health Act, art. 32.
See www.ilo.org/labadmin/info/WCMS_151305/lang--en/index.htm.
Occupational Safety and Health Act, art. 32; and Labour Institutions Act, art. 34.
Kenya National Bureau of Statics, Economic Survey 2018, p. 52.
See www.ilo.org/dyn/normlex/en/f?p=1000:13100:0::NO:13100:P13100_COMMENT_ID:
3342040.
See CRC/C/KEN/CO/3-5; and National Plan of Action for Children in Kenya 2015–2022.
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