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

Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Kenya (Ratification: 1964)

The Committee notes the observations of the International Trade Union Confederation (ITUC), received on 2 September 2025.

The Committee notes that the ITUC alleges the commission of acts of violence by the police against members of the Kenya Medical Practitioners, Pharmacists and Dentists Union (KMPDU) during a peaceful protest on 19 February 2024, which resulted in grave injuries to the KMPDU General Secretary. The ITUC further alleges that as of December 2024, the Government was yet to respect the collective agreement signed with the KMPDU following this incident. Recalling that, in its last comment, it requested the Government to provide information on the collective bargaining rights of trade unions operating in the health sector, including the KMPDU, the Kenya National Union of Nurses and the Kenya Union of Clinical Officers,the Committee requests the Government to provide its comments on the specific allegations of the ITUC and to provide information on the exercise of the collective bargaining rights in the health sector in general.

The Committee also notes that the ITUC’s observations refer to the alleged denial, in 2023, of the collective bargaining rights of approximately 600 air traffic service workers, including controllers, communications officers and engineers by the Kenya Civil Aviation Authority (KCAA), through a broad classification of these workers as “managers”, who would be, according to the labour legislation, barred from union membership. Recalling that the Convention covers all workers, with the only possible exception of the armed forces and the police (Article 5 of the Convention) and public servants engaged in the administration of the State (Article 6 of the Convention), the Committee requests the Government to provide its comments to the ITUC observations.

Articles 1 and 3 of the Convention.Protection against anti-union discrimination. Pursuant to its consideration that the time frame of 360 days taken as a performance indicator for the adjudication of anti-union discrimination cases by the courts, which was not met in most cases, was excessively long, the Committee took note of the Government’s indication concerning the measures taken to ensure the efficient handling of such cases and requested information on their impact. The Committee notes that the Government mentions that the adoption of the Employment and Labour Relations Court (Procedure) Rules, 2024 simplifies court procedures and will contribute to the implementation of the Convention. The Committee requests the Government to provide information on the impact of the newly adopted procedure on the handling of anti-union discrimination cases in practice, particularly regarding the average time for their disposal.

Article 2. Protection against acts of interference. The Committee previously requested the Government to provide information on progress regarding the review of the Labour Relations Act, particularly on the measures taken to ensure the existence of legislative provisions expressly prohibiting acts of interference allowing for rapid appeal procedures coupled with effective and dissuasive sanctions against such acts of interference. The Committee notes the Government’s indication that the labour law review process has been initiated with respect to five principal legislations, including the Labour Relations Act, and further notes the Government’s request for technical assistance. The Committee trusts that the technical assistance requested by the Government will be provided as soon as possible with a view to ensuring the full conformity of the revised Labour Code with the Convention, in line with its previous requests. The Committee requests the Government to provide information on any developments in this regard, as well as copies of the laws once adopted.

Articles 4 and 6. Collective bargaining in the public sector.Public servants not engaged in the administration of the State. In its previous comments, having noted the Government’s indication that the Union of Kenya Civil Servants (UKCS) negotiates on behalf of public servants with the Public Service Commission and that the determination of wages and benefits of state and public officers falls under the purview of the Salaries and Remuneration Commission (SRC), the Committee had requested information on: (i) any agreement concluded with the UKCS; and (ii) the role played by the SRC in the collective bargaining process and the determination of wage conditions in the public sector.

The Committee welcomes the Government’s indication regarding a collective bargaining agreement signed with the UKCS in 2023 for the period 2021–25, which outlines key employment terms for civil servants. With respect to the SRC, the Committee notes the Government’s indication that the SRC, an independent commission established under article 230 of the Constitution: (i) is mandated to set and regularly review the remuneration and benefits of all public officers and advise national and county governments accordingly; (ii) its role in the collective bargaining process in the public sector is to communicate to employers, “beacons” for remuneration reviews, within which they may negotiate with trade unions, subject to affordability and fiscal sustainability; and (iii) public institutions are required to obtain SRC advice prior to the commencement of the negotiations. Taking due note of the above, the Committee recalls that it considers that legislative provisions which allow the competent budgetary authority to set upper and lower limits for wage negotiations or to establish an overall “budgetary package”, within which the parties may negotiate monetary or standard-setting clauses, or those which give the financial authorities the right to participate in collective bargaining alongside the direct employer, are compatible with the Convention, provided that they leave a significant role to collective bargaining (2012 General Survey on the fundamental Conventions, para. 219). Based on the above, the Committee requests the Government to continue providing information on the exercise of collective bargaining rights by the public sector workers covered by the Convention, in particular with respect to their remuneration.

Collective bargaining in practice. The Committee notes the Government’s indications that there were 335 collective bargaining agreements concluded in the financial year 2023–24. The Committee requests the Government to continue to provide information on the number of collective agreements concluded and in force in the country, also indicating the sectors concerned and the number of workers covered by these agreements.