Direct Request (CEACR) - adopted 2024, published 113rd ILC session (2025)

Human Resources Development Convention, 1975 (No. 142) - Kenya (Ratification: 1979)

The Committee notes the observations of the Central Organizations of Trade Unions (COTU-K), received on 1 September 2023. The Committee notes that, while recognizing that the national employment policy is well formulated, COTU-K expresses concern that it excludes the majority of ethnic groups. In addition, COTU-K calls on the Government to further its efforts to create employment opportunities for young workers in the light of rising unemployment. The Committee requests the Government to provide its comment in this regard.

Article 1(1) of the Convention. Adoption and implementation of policies and programmes of vocational guidance and training. Link with employment policy. The Committee notes the 2022 and 2023 Government reports referring to the laws and measures, as well as to the bodies and institutions established to implement the Convention. The Government reiterates that the National Labour Board, established under Labour Institutions Act 2007, is charged with advising the Minister of Labour on all matters concerning employment, including on the policies and programmes related to vocational guidance and training and human resources development through its National Manpower Development Committee (NMDC). In the Government’s view, this ensures that the policies and programmes are linked to employment. The Government highlights cooperation with social partners, emphasizing their role both in formulating and implementing policies and projects. The report also contains statistics, indicating that total enrolment in TVET institutions grew by 10.4 per cent, from 451,200 in 2020 to 498,300 in 2021. Men accounted for 228,982 and women for 172,107 in total enrolment in 2021. Enrolment in national polytechnics increased by 11.6 per cent to 97,237 in 2021, after a decline of 14.7 per cent in 2020. In addition, in order to achieve the aspirations of the Vision 2030, the Government indicates that it has formulated a policy to guide the TVET reform and a 30 per cent enrolment rate by 2030. The Government also informs that the TVET Authority is developing a policy framework for Continuous Professional Development (CPD) of TVET trainers, which is expected to be rolled out in the upcoming year. Lastly, it indicates that the inclusion of persons with disabilities in all sectors of society has been identified as a specific strategic area in its 2010–2019 Continental Plan of Action for the Decade of Persons with Disabilities. The Committee requests the Government to continue to provide detailed information on the policies and programmes on vocational guidance and training and their contribution tothe attainment of the objectives of the Convention. In particular, it asks the Government to indicate whether measures taken include measures such as: increasing funding to ensure the implementation of reforms and the attainment of strategic goals; building capacity by recruiting and training capable personnel as it is essential for improving program quality; integrating the vocational training system with the formal education system and strengthening linkages with local labour markets to reduce fragmentation; streamlining responsibilities at various levels to address duplication and create a more efficient system; develop strategies to transition workers from the informal to the formal economy, making them more accessible to formal vocational training; aligning training programs with technological innovations will keep them relevant and up-to-date; promoting social inclusion and providing lifelong learning opportunities, especially for those in rural areas and informal employment. The Committee further requests the Government to provide extracts of reports, studies and inquiries, and statistical data regarding training policies and programmes relating to particular areas or branches of economic activity or to specific categories of persons (Part VI of the report form).

Article 1(5). Equality of opportunity. The Government indicates that the project Support to Technical and Vocational Education and Training (TVET) for Enhanced Skills Development (TVET Phase II - IPR June 2019) promotes, among other things, skills of vulnerable persons. In this context, the Government recognizes the need for stronger collaboration between TVET and the industry. As part of its SDG commitments, the Government reports that it has been implementing policies to reduce inequalities in income as well as those based on age, sex, disability, race, ethnicity, origin, religion or economic or other status. The Government indicates rather slow progress in adopting disability-inclusive policies in the education sector and voices its commitment to develop adequate learning mechanisms for this category of persons. With regard to advancing the economic empowerment of women and promoting gender equality, the Government reports that the Women Economic Empowerment Strategy (WEE) has been developed by the Ministry of Public Service and Gender Affairs, and the Girls in Technology Programme has been launched to foster the interests of girls to take Science, Technology, Engineering and Maths (STEM) subjects. In relation to youth, it refers to the 2006 National Youth Policy (KNYP), which is to be implemented by an interministerial committee on youth and a National Youth Council (NYC). The policy prioritizes youth with disabilities; youth infected with HIV/AIDS; female youth; the unemployed youth; and out-of-school youth. The Committee asks the Government to continue to provide information on the measures taken to encourage all persons to develop and use their professional abilities in all branches of economic activity and at all levels of skill and responsibility. In particular, it requests the Government to indicate the measures taken to promote access to education, training and lifelong learning for persons with specific needs, such as women, young persons, those in the informal economy and the other categories of vulnerable persons.

Articles 2 and 3. Vocational guidance information. The Government indicates that vocational guidance information is available to all persons concerned, including persons with disabilities. It reiterates that national vocational and training institutions advertise their programmes in the media. Furthermore, the Technical and Vocational Education and Training (TVET) Authority publishes, since 2019, the Kenya Journal of Technical and Vocational Education and Training (KJ-TVET), which informs the public on TVET research and promotes innovations. The Committee requests the Government to keep it informed of measures which ensure that comprehensive information and the broadest possible guidance are available to all persons concerned and to indicate the measures specifically taken concerning persons with disabilities.

Employment and training opportunities in small and medium-sized enterprises (SMEs). With regard to the measures taken on employment and training opportunities in SMEs, the Government refers to Kenya Youth Employment and Opportunities Project (KYEOP), aiming to increase employment opportunities among youth. The project aims to reach over 280,000 youth, specifically those between 18–29 years of age, who are unemployed or working in vulnerable jobs. The project is managed by a tripartite Board of the National Industrial Training Authority (NITA), established under the 2012 Industrial Training Act, which is charged with formulating and implementing its policies and projects. The Government specifically highlights its cooperation with social partners, the Federation of Kenya Employers (FKE) and the Central Organization of Trade Unions Kenya (COTU-K), in formulating and implementing the KYEOP project. FKE has implemented various initiatives, including conducting: (i) the 2018 Skills Mismatch Survey, supporting the development of the National Skills Development Policy; and (ii) the Study of Employers’ Perceptions and Capacity to Implement the Work-Based Training, including apprenticeships in Kitui, Kilifi and Busia counties. The COTU-K initiatives have focused on ensuring equal pay and other conditions of employment, by insisting on compliance and negotiating for better wages for workers joining the industry after acquiring skills through vocational training institutions. The Committee requests the Government to continue providing information on the policies, programmes and any other measures implemented in order to increase employment and training opportunities in SMEs.