Observation (CEACR) - adopted 2025, published 114th ILC session (2026)

Abolition of Forced Labour Convention, 1957 (No. 105) - Kenya (Ratification: 1964)

The Committee notes that the Government’s report has not been received. It is therefore bound to repeat its previous comments.

Repetition

Article 1(a) of the Convention. Penal sanctions involving compulsory labour as a punishment for expressing political views or views ideologically opposed to the established political, social or economic system. Penal Code and the Public Order Act. For many years, the Committee has been requesting the Government to amend certain provisions of the Penal Code and the Public Order Act, by clearly restricting the scope of these provisions to situations connected with the use of violence or incitement to violence, or by repealing sanctions involving compulsory labour. The Committee referred to the following provisions, the violation of which is punishable by imprisonment that involves compulsory labour according to Rule 86 of the Prison Rules:

• section 53 of the Penal Code, under which printing, publishing, distributing, offering for sale, etc. of any prohibited publication is punishable with imprisonment; according to section 52 any publication can be declared a prohibited publication if it is necessary in the interests of public order, public morality or public health;
• section 5 of the Public Order Act (Cap. 56), under which the police are entitled to control and direct the conduct of public gatherings and has extensive powers to stop or prevent the holding of public gatherings, meetings and processions (section 5(8)–(10)), contraventions being punishable with imprisonment (sections 5(11) and (17)).

The Committee notes the Government’s statement in its report that it is committed to ensuring the compatibility of sections 52 and 53 of the Penal Code as well as sections 5(8) to (10), (11) and (17) of the Public Order Act with the Convention and is therefore actively considering amending these provisions. The Government states that the amendments to the above-mentioned provisions shall ensure that the penalties involving compulsory labour will be strictly applicable to instances of violence or incitement to violence and that alternative sanctions, such as fines and other non-custodial measures, shall be introduced for non-violent actions related to the expression of views or participation in public gatherings.

The Committee also notes that, in its 2021 concluding observations, the United Nations Human Rights Committee expressed concern about reports that the requirements in the Public Order Act to notify the police of all assemblies are being used in practice to deny authorization for peaceful assemblies as well as reports of arbitrary detention and arrest of human rights defenders for exercising their right to peaceful assembly (CCPR/C/KEN/CO/4).

The Committee takes due note of the Government’s commitment to review its legislation and expresses the firm hope that it will take the necessary measures, without delay, to ensure that sections 52 and 53 of the Penal Code and sections 5(8) to (10), (11) and (17) of the Public Order Act, are reviewed in such a way as to ensure conformity with the Convention by either limiting their scope to acts of violence or incitement to violence or by replacing sanctions involving compulsory labour with other kinds of sanctions, such as fines. It requests the Government to provide information on any progress made in this regard. The Committee also requests the Government to provide information on any convictions handed down under the above-mentioned provisions of the Penal Code and the Public Order Act, indicating the sanctions applied and the facts that led to the convictions.

The Committee is raising other matters in a request addressed directly to the Government.

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