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

Kenya

Minimum Wage Fixing Machinery (Agriculture) Convention, 1951 (No. 99) (Ratification: 1971)
Minimum Wage Fixing Convention, 1970 (No. 131) (Ratification: 1979)

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on wages, the Committee considers it appropriate to examine Conventions Nos 131 and 99 (minimum wage) together.

Article 3 of Convention No. 131. Criteria for the determination of the level of minimum wages. Further to its previous comments, the Committee notes the Government’s response in its report indicating that the following factors are considered when determining adjustments to the minimum wage: the Cost of Living Adjustment (COLA) as compensation for the loss of purchasing power, informed by the Consumer Price Index (CPI); national productivity measured by GDP per capita; and overall national economic growth. The Government further indicates that three minimum wage adjustments have been implemented between 2018 and 2024 and that the National Wages and Remuneration Policy is still under development, with stakeholder consultations ongoing and consensus yet to be reached. The Committee requests the Government to provide detailed information on the progress made toward the adoption of the national wages and remuneration policy.

Article 2 of Convention No. 99. Allowances in kind in the agricultural sector. Further to its previous comments, the Committee notes that the Regulation of Wages (agricultural industry) order, 1982, continues to apply under the Labour Institutions Act, 2007, and regulates the maximum allowable deductions for in-kind benefits such as housing and food. Among others, Section 4 sets a fixed monetary value for housing provided by the employer. The Committee notes this information which replies to its previous request.