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

Kenya

Labour Inspection Convention, 1947 (No. 81) (Ratification: 1964)
Labour Inspection (Agriculture) Convention, 1969 (No. 129) (Ratification: 1979)

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on labour inspection, the Committee considers it appropriate to examine Conventions Nos 81 (labour inspection) and 129 (labour inspection in agriculture) together.

Articles 3(1), 4 and 5(b) of Convention No. 81 and Articles. 6(1), 7 and 13 of Convention No. 129. Structure of the labour inspection system, cooperation between inspection services and supervision and control by a central authority. The Committee notes that, in reply to its previous request, the Government indicates in its report that plans are under way to review the current structure to determine the feasibility of establishing a Chief Inspector position, and that currently the Department of Labour (DOL) and the Department of Occupational Safety and Health (DOSH) continue to operate independently. The Government adds that oversight and coordination are provided by the Principal Secretary of the State Department for Labour and Skills Development, ensuring some level of alignment between the inspection systems. The Committee requests the Government to continue to provide information on the measures adopted in order to ensure that the labour inspection is placed under the supervision and control of a central authority. The Committee also requests the Government to continue to provide information on the consideration given to the establishment of the position of Chief Inspector.

Article 3(2) of Convention No. 81 and Article 6(3) of Convention No. 129. Additional functions entrusted to labour inspectors. In reply to the Committee’s previous request, the Government indicates that: (i) a training programme has been implemented to equip labour inspectors with conciliation and mediation skills; (ii) these trained officers are specifically tasked with handling conciliation-related matters, thereby minimizing overlap with their primary inspection duties; (iii) in 2023, the Employment and Labour Relations Court launched a comprehensive Conciliation Training of Trainers Manual. This manual serves as a resource to train trainers on conciliation practices, further enhancing the capacity and specialization of labour officers in this area; and (iv) the Government is actively pursuing the establishment of a Conciliation and Mediation Commission. The initiative aims to streamline conciliation functions and create a distinct entity responsible for addressing mediation and dispute resolution, ensuring that labour inspectors remain focused on their core inspection roles. While taking note of this information, the Committee requests the Government to indicate whether the labour inspectors carrying out conciliation and mediation functions are also conducting inspection duties. The Committee also requests the Government to continue providing information on the measures taken in order to ensure that conciliation functions, as well as any other additional duty entrusted to labour inspectors, do not interfere with their primary duties. Finally, the Committee requests the Government to provide information on the progress made in the establishment of a Conciliation and Mediation Commission.

Articles 5(a), 17 and 18 of Convention No. 81 and Articles 21, 22, 24 of Convention No. 129. Enforcement of legal provisions relating to the conditions of work and the protection of workers. Effective cooperation between the labour inspection services and the justice system. The Committee notes the Government’s information on how trade union disputes are reported to the Cabinet Secretary for Labour, who appoints a labour inspector as a conciliator. It further notes that if no agreement is reached, the conciliator submits a report with recommendations, and parties may proceed to the Employment and Labour Relations Court (ELRC). Additionally, the Committee observes that labour inspectors participate in Court Users Committees to address labour issues, follow up on cases, and promote compliance. The Government also indicates that the ELRC works closely with the National Labour Board, strengthening collaboration with labour inspection services. The Committee requests that the Government provide statistical information on the violations giving rise to the cases referred by labour inspectors to the industrial court, the legal provisions to which the cases relate, as well as outcome of these cases (including the specific penalties applied).

Article 5(b) of Convention No. 81 and Article 13 of Convention No. 129. Collaboration between labour inspectors and employers and workers. The Government indicates that mechanisms have been established to strengthen collaboration between labour inspectors and workers’ and employers' organizations, including capacity-building on industrial relations. In this respect, the Committee notes that at the workplace level, trade union representatives report worker grievances to unions, which escalate them to the Ministry of Labour for inspection follow-up. The Government indicates that labour inspectors also provide advisory support during routine visits. Furthermore, the Committee notes that a Labour Inspection Toolkit, developed with ILO support, now guides workplace inspections. It further notes that the National Labour Board advises the Government and promotes stakeholder consultation on labour matters, including inspections. While taking note of this information, the Committee requests the Government to provideinformation on the nature of inspection activities and reporting mechanisms carried out by trade unions. The Committee requests the Government to provide detailed information on the activities of the National Labour Board related to labour inspection, and to provide any relevant reports or documents in this regard.

Article 6 of Convention No. 81 and Article 8 of Convention No. 129. Conditions of service of labour inspectors. In reply to the Committee’s previous request, the Government indicates that labour inspectors follow a structured scheme of service, with promotions after one and three years, and are employed on permanent and pensionable terms. It further indicates that their conditions differ from those of tax inspectors and police due to separate governing commissions, affecting pay and advancement. Furthermore, the Committee notes that a review of the scheme is under way to address these disparities. The Committee requests the Government to provide detailed information in relation to the review of the service scheme for labour inspectors and on the impact of such review on the status and conditions of service of inspectors.

Article 7 of Convention No. 81 and Article 9 of Convention No. 129. Recruitment and training of labour inspectors. In reply to the Committee’s previous request, the Government indicates that: (i) inspectors are recruited based on merit and set qualifications; (ii) new recruits undergo a three-month training course, held twice a year, covering key labour topics; (iii) 34 inspectors were trained so far; (iv) all inspectors have also received one-time training on child labour and migration; and (v) additional courses, like senior management and leadership programmes, are offered when resources allow. The Committee takes note of this information which addresses its previous request.

Articles 13 and 14 of Convention No. 81 and Articles 18 and 19 of Convention No. 129. Reporting and investigation of occupational accidents and cases of occupational disease. The Committee notes the Government’s information on the number of reported occupational accidents and diseases. It further notes that improvement and prohibition notices were issued to non-compliant workplaces. Additionally, the Committee observes that legal actions, including prosecutions and the imposition of fines, have been undertaken against serious offenders. The Committee requests the Government to continue to provide information on the number of occupational accidents and diseases notified to the labour inspectorate and the results of the inquires conducted following the most serious occupational accidents and diseases. The Committee requests the Government to indicate the number of prohibition and improvement notices issued by labour inspectors. Finally, the Committee requests the Government to indicate whether a regional institute for research and training on OSH and the national institute for OSH are still in the process of being established.

Articles 20 and 21 of Convention No. 81 and Articles 26 and 27 of Convention No. 129. Preparation of an annual inspection report and contents to be covered. The Committee notes the Government’s indication that labour inspectors report on labour inspections conducted on a monthly basis through the Directorate of Labour. It further notes that the Ministry of Labour has advanced digitization via the Department of Labour Management Information System and the Occupational Safety and Health Management Information System, creating centralized, accurate databases. Additionally, the Government indicates that these systems will enable the creation of comprehensive annual inspection reports as required under Conventions No. 81 and No. 129. While taking note of this information, the Committee reiterates its previous request that the Government take the necessary measures to ensure that annual labour inspection reports are prepared, published and communicated to the ILO, and that they contain information on all the subjects listed in Article 21 of Convention No. 81 and Article 27 of Convention No. 129.