In 2020, Kenya made moderate advancement in efforts to eliminate the worst forms of child labor. The government took measures to reinvigorate its National Steering Committee on Child Labor, including by creating and convening the inaugural meeting of a Technical Working Committee, reinstituted county-level child labor committees, and increased the number of prosecutions for worst forms of child labor. In addition, the government enacted the National Prevention and Response Plan on Violence Against Children to coordinate multi-sectoral activity to address violence against children, including commercial sexual exploitation and other worst forms of child labor. However, children in Kenya are subjected to the worst forms of child labor, including in domestic service and commercial sexual exploitation, each sometimes as a result of human trafficking. Children also engage in child labor in agriculture. Kenya has yet to ratify the United Nations Convention on the Rights of the Child Optional Protocol on the Sale of Children, Child Prostitution and Child Pornography. In addition, the government lacks a sufficient number of labor inspectors and financial resources to ensure that child labor laws are enforced.
Children in Kenya are subjected to the worst forms of child labor, including in domestic service and commercial sexual exploitation, each sometimes as a result of human trafficking. Children also engage in child labor in agriculture. (1,2) Table 1 provides key indicators on children’s work and education in Kenya.
|
Children |
Age |
Percent |
|---|---|---|
|
Working (% and population) |
5 to 14 |
35.6 (3,736,030) |
|
Attending School (%) |
5 to 14 |
85.8 |
|
Combining Work and School (%) |
7 to 14 |
23.0 |
|
Primary Completion Rate (%) |
99.7 |
Source for primary completion rate: Data from 2016, published by the UNESCO Institute for Statistics, 2021. (3)
Source for all other data: International Labor Organization's analysis of statistics from Population and Housing Census, 2009. (4)
Based on a review of available information, Table 2 provides an overview of children's work by sector and activity.
|
Sector/Industry |
Activity |
|---|---|
|
Agriculture |
Farming,† including the production of tea, coffee, khat (miraa),† rice, sisal, sugarcane, tobacco, corn, flowers, and cotton (5-9,10,11) |
|
Herding livestock† (12-15) |
|
|
Fishing,† including for tilapia, sardines, Nile perch, and other fish (12,13,16,17) |
|
|
Burning wood to produce charcoal (15,18) |
|
|
Industry |
Construction,† including carrying heavy loads (12,18) |
|
Quarrying,† including for stones and coral (13) |
|
|
Harvesting sand† (13,18,19) |
|
|
Making bricks† (13,15,18) |
|
|
Mining† for gold, gemstones, and salt (1,12,20-22) |
|
|
Working in slaughterhouses, including disposing of after-products and cleaning (12) |
|
|
Services |
Domestic work,† including caregiving (1,16,22-24) |
|
Street work, including vending (1,18,23) |
|
|
Transporting goods and people by bicycle,† motorcycle,† and handcart† (13,22,23) |
|
|
Scavenging,† including for scrap materials (9,22,25-27) |
|
|
Begging† (12,22,28) |
|
|
Categorical Worst Forms of Child Labor‡ |
Commercial sexual exploitation, sometimes as a result of human trafficking (9,15,22,28-33) |
|
Use in illicit activities, including drug trafficking (9,22,34,35) |
|
|
Forced begging, street vending, domestic work, herding livestock, fishing, and work on tobacco farms, each sometimes as a result of human trafficking (2,9,23,32,36,37) |
† Determined by national law or regulation as hazardous and, as such, relevant to Article 3(d) of ILO C. 182.
‡ Child labor understood as the worst forms of child labor per se under Article 3(a)–(c) of ILO C. 182.
Kenyan children are subjected to forced labor and commercial sexual exploitation, each sometimes as a result of human trafficking, both within and outside the country. (32,37) Both boys and girls are victims of commercial sexual exploitation in tourism-heavy areas on the Kenyan coast, and in Nairobi and Kisumu. (29,30,38-40) A report by International Justice Mission and other NGOs observed that commercial sexual exploitation of children is often hidden, and is facilitated by hotel and lodge owners, bar owners, local tour guides, transportation providers, and sometimes young local women who act as recruiters for younger girls. (33) Commercial sexual exploitation of children also occurs in drug production sites, near gold mines, along major highways and resting stops, and in fishing areas on Lake Victoria and the Turkana region. (22,31-33,38,41) Traffickers exploit children from East Africa and South Sudan to forced labor in domestic service and agriculture, in addition to commercial sexual exploitation. (32,42) Moreover, traffickers increasingly exploit children with disabilities from Tanzania and other neighboring countries in forced labor, including begging. (32) Finally, there has been an increase in children subjected to the worst forms of child labor in Kenya, resulting from school closures during the COVID-19 pandemic, including commercial sexual exploitation and forced begging. (2,19,26,43,44)
Children work at informal gold mining sites in western Kenya, using pickaxes and other dangerous tools, working underground, and carrying heavy loads. (1,20,21,45) In some instances, children working at mining sites have been trapped in collapsed mines, suffocated, or exposed to mercury poisoning. (20-22) Children working in domestic service are subject to extensive work hours and physical and sexual abuse. (37) Furthermore, children participate in the harvesting and processing of khat (miraa), an addictive stimulant. (10,11,38) As the last national child labor survey was conducted in 2000, data may no longer accurately reflect the current child labor situation in Kenya. (4,13)
International NGOs report that, during the reporting period, elements of Kenyan Defenses Forces (KDF) operating in northeastern Kenya supported a Somali federal member state militia that recruited and used child soldiers; such support allegedly included providing safe harbor, security, and free passage to Abdirashid Hassan Abdinur, known as Janan, who was the Security Minister of Jubbaland and commander of a battalion in the Jubbaland Security Forces (JSF) during 2020. UN and press sources document the recruitment and use of child soldiers by both Janan’s battalion and the broader JSF. (46-49) In early 2020, Janan escaped from prison in Mogadishu, Somalia, before entering Kenya. Multiple reports from the press and human rights organizations establish that Janan and his militia remained in hiding in Kenya, with the knowledge and support of local KDF elements. (48-55) Reporting also indicates that the Government of Kenya financed the salaries of soldiers affiliated with the JSF, including the training of Jubbaland militias under Janan, which included some children. (46,53,56) Moreover, elements of the Jubbaland Security Forces under Janan maintained a camp in Mandera, a Kenyan town near the border of Somalia. (53,55,57-59) The UN verified at least 129 separate cases of JSF, which comprise as many as 5,000 personnel, recruiting and using children as soldiers from 2016 to the end of 2019 and least 36 children in 2020. (47,60,61)
Kenya law mandates free basic education and prohibits schools from charging tuition fees. (31,62,63) However, the cost of books and uniforms prevents some children from attending school, particularly at the secondary level. (64-66)An insufficient number of schools and teachers, a lack of hygiene facilities and products for girls, and sexual abuse within schools further contribute to children in Kenya dropping out of school and becoming vulnerable to the worst forms of child labor. (12,18,67,68) In addition, children seeking asylum or of refugee status are often restricted to living in designated areas, such as the Kakuma and Dadaab refugee camps. (32,69) These camps have an insufficient number of schools and existing facilities lack sufficient teachers, textbooks, electricity, and latrines. (2,22,70,71) These conditions likely contribute to heightened vulnerabilities of refugee children to the worst forms of child labor, including commercial sexual exploitation and human trafficking. (32,37,69) Moreover, although Kenya has a re-entry policy for girls who become pregnant to return to school after giving birth, in some cases school administrators continue to expel pregnant girls, increasing their vulnerability to the worst forms of child labor. (69,72,73)
The Births and Deaths Registration Act requires birth registration; however, many children living in the country are not registered at birth. As a result, non-registered children have difficulty accessing services, including education, because they must provide a birth certificate before enrolling in school or sitting for exams, despite the Basic Education Act stipulating that no child be denied admission to school for lack of proof of age. (63,74,75)
Kenya has ratified most key international conventions concerning child labor (Table 3).
|
Convention |
Ratification |
|---|---|
|
ILO C. 138, Minimum Age |
✓ |
|
ILO C. 182, Worst Forms of Child Labor |
✓ |
|
UN CRC |
✓ |
|
UN CRC Optional Protocol on Armed Conflict |
✓ |
|
UN CRC Optional Protocol on the Sale of Children, Child Prostitution and Child Pornography |
|
|
Palermo Protocol on Trafficking in Persons |
✓ |
In 2000, Kenya signed, but has not yet acceded to, the UN CRC Optional Protocol on the Sale of Children, Child Prostitution and Child Pornography. Commercial sexual exploitation of children continues to be a serious problem in Kenya. (12)
The government has established laws and regulations related to child labor (Table 4). However, gaps exist in Kenya’s legal framework to adequately protect children from the worst forms of child labor, including the gap between the compulsory education age and the minimum age for work.
|
Standard |
Meets International Standards |
Age |
Legislation |
|---|---|---|---|
|
Minimum Age for Work |
Yes |
16 |
Section 56 of the Employment Act; Section 12 of the Employment (General) Rules; Section 10.4 of the Children Act (62,76,77) |
|
Minimum Age for Hazardous Work |
Yes |
18 |
Sections 2 and 53.1 of the Employment Act; Sections 2 and 10.1 of the Children Act (62,76) |
|
Identification of Hazardous Occupations or Activities Prohibited for Children |
Yes |
Section 12 and the Fourth Schedule of the Employment Act (General) Rules (77) |
|
|
Prohibition of Forced Labor |
Yes |
Article 30 of the Constitution; Sections 4.1 and 53.1 of the Employment Act; Sections 174 and 254–266 of the Penal Code; Article 3 of the Counter-Trafficking in Persons Act; Article 13 of the Sexual Offences Act; Section 13.1 of the Children Act (62,76,78-81) |
|
|
Prohibition of Child Trafficking |
Yes |
Article 3 of the Counter-Trafficking in Persons Act; Article 13 of the Sexual Offences Act; Section 13.1 of the Children Act; Section 53.1 of the Employment Act; Sections 174 and 254–263 of the Penal Code (62,76,79-81) |
|
|
Prohibition of Commercial Sexual Exploitation of Children |
Yes |
Articles 13–16 of the Sexual Offences Act; Sections 2 and 53.1 of the Employment Act; Section 15 of the Children Act (62,76,79) |
|
|
Prohibition of Using Children in Illicit Activities |
Yes |
Sections 2 and 53.1 of the Employment Act; Section 16 of the Children Act (62,76) |
|
|
Minimum Age for Voluntary State Military Recruitment |
Yes |
18 |
Section 10.2 of the Children Act; Article 243 (1) of the Kenya Defence Forces Act (62,82) |
|
Prohibition of Compulsory Recruitment of Children by (State) Military |
N/A* |
Article 243 (1) of the Kenya Defence Forces Act (82) |
|
|
Prohibition of Military Recruitment by Non-state Armed Groups |
Yes |
Article 3 of the Counter-Trafficking in Persons Act (81) |
|
|
Compulsory Education Age |
Yes |
18 |
Sections 28 and 30 of the Basic Education Act (63) |
|
Free Public Education |
No |
Section 7.2 of the Children Act; Sections 28–29 and 32 of the Basic Education Act; Article 53(b) of the Constitution (62,63,78) |
* No conscription (82)
‡ Age calculated based on available information (63,83)
During the reporting period, the government began a review of its hazardous work list to harmonize it with the National Policy on the Elimination of Child Labor. (84) In addition, the government conducted a mapping analysis of its legal and policy framework to identify potential regulatory gaps in relation to ILO conventions on labor administration and domestic work. (85)
Kenya permits light work activities for children ages 13 to 16, including agricultural and horticultural work not exceeding 2 hours, though it does not establish limits on the number of hours for other identified activities. (77) As the minimum age for work is lower than the compulsory education age, children may be encouraged to leave school before the completion of compulsory education. (63,76,77,86) Moreover, although the Basic Education Act establishes free basic education and stipulates that children should not be denied admission to school on account of not paying fees, the law does not meet international standards because it permits schools to levy tuition for children who reside in Kenya but do not have Kenyan citizenship. (63)
The government has established institutional mechanisms for the enforcement of laws and regulations on child labor (Table 5). However, gaps exist within the operations of enforcement agencies that may hinder adequate enforcement of child labor laws.
|
Table 5. Agencies Responsible for Child Labor Law Enforcement |
|
|
Organization/Agency |
Role |
|
Ministry of Labor and Social Protection (MLSP) |
Conducts labor inspections and enforces labor laws, including those related to child labor. (1) Comprises both the State Department for Labor and the State Department for Social Protection. Directs activities to promote awareness and withdraw children from child labor through the State Department for Labor's Child Labor Division. (1,87) Provides services to children in need of social protection, including responding to cases of child exploitation, through the Department of Child Services (DCS) under the State Department for Social Protection. (88) Each of Kenya's 47 counties staffs a County Coordinator to provide information and coordinate with DCS on cases involving child exploitation. (38) |
|
National Police Service (NPS) |
Investigates and enforces laws related to the worst forms of child labor, in coordination with MLSP and the ODPP. (1) Includes the Anti-Human Trafficking and Child Protection Unit, which carries out investigations related to commercial sexual exploitation of children, child trafficking, and other worst forms of child labor. (2,12,89,90) |
|
Office of the Director of Public Prosecutions (ODPP) |
Enforces laws through the prosecution of criminal offenses, including labor-related offenses. The Office of the Director of Public Prosecutions directs the NPS to investigate cases. (1) |
Labor Law Enforcement
In 2020, labor law enforcement agencies in Kenya took actions to combat child labor (Table 6). However, gaps exist within the operations of the Ministry of Labor and Social Protection (MLSP) that may hinder adequate labor law enforcement, including financial resource allocation.
|
Overview of Labor Law Enforcement |
2019 |
2020 |
|---|---|---|
|
Labor Inspectorate Funding |
Unknown (1) |
Unknown (9) |
|
Number of Labor Inspectors |
85 (1) |
Unknown (9) |
|
Inspectorate Authorized to Assess Penalties |
Yes (91) |
Yes (91) |
|
Initial Training for New Labor Inspectors |
No (1) |
No (9) |
|
Training on New Laws Related to Child Labor |
N/A (1) |
N/A (9) |
|
Refresher Courses Provided |
No (1) |
No (9) |
|
Number of Labor Inspections Conducted |
8,160 (1) |
4,236 (92) |
|
Number Conducted at Worksite |
8,160 (1) |
4,236 (92) |
|
Number of Child Labor Violations Found |
Unknown (1) |
Unknown (9) |
|
Number of Child Labor Violations for Which Penalties Were Imposed |
Unknown (1) |
Unknown (9) |
|
Number of Child Labor Penalties Imposed that Were Collected |
Unknown (1) |
Unknown (9) |
|
Routine Inspections Conducted |
Yes (1) |
Yes (9) |
|
Routine Inspections Targeted |
Yes (1) |
Yes (9) |
|
Unannounced Inspections Permitted |
Yes (91) |
Yes (91) |
|
Unannounced Inspections Conducted |
Yes (1) |
Yes (85) |
|
Complaint Mechanism Exists |
Yes (1) |
Yes (9) |
|
Reciprocal Referral Mechanism Exists Between Labor Authorities and Social Services |
Yes (1) |
Yes (9) |
The government published only limited information on labor law enforcement efforts. (92) While the number of labor inspectors is unknown, according to the ILO's technical advice of a ratio approaching 1 inspector for every 15,000 workers in developing economies, Kenya would need to employ roughly 1,321 labor inspectors as its workforce consists of over 19 million workers. (93,94) MLSP intends to hire additional labor inspectors in 2021, with interviews and onboarding beginning in the early part of the year. (95) However, MLSP’s insufficient number of labor inspectors and inadequate financial resources likely hinder their capacity to enforce labor laws, including those related to child labor. (1,92)
A high-ranking municipal official in Nairobi admitted, during a televised interview, that he employed street children for work on road construction projects in Nairobi, including overnight work. (96) The incident generated public criticism and MLSP made an informal intervention, advising the official against any further similar activity, however, no formal remedial action was taken. (85)
The State Department for Labor refers cases involving child labor to the Department of Child Services (DCS), within MLSP, for placement of victims in social services. (1) The DCS uses a Child Protection Information Management System that collects, aggregates, and reports on child protection data, including child labor violations, to assist child protection officials to track and report on child protection activities. (12,69) In 2020, approximately 578 cases of child labor were reported in the Child Protection Information Management System; research, however, could not determine the number of these cases that resulted from findings from labor inspections. (85,97,98)
Criminal Law Enforcement
In 2020, criminal law enforcement agencies in Kenya took actions to combat child labor (Table 7). However, gaps exist within the operations of enforcement agencies that may hinder adequate criminal law enforcement, including training for criminal investigators.
|
Overview of Criminal Law Enforcement |
2019 |
2020 |
|---|---|---|
|
Initial Training for New Criminal Investigators |
Yes (1) |
Yes (9) |
|
Training on New Laws Related to the Worst Forms of Child Labor |
Unknown (1) |
N/A (9) |
|
Refresher Courses Provided |
Unknown (1) |
No (85) |
|
Number of Investigations |
18 (38,99,100) |
2 (2) |
|
Number of Violations Found |
138 (38,99,100) |
5 (2) |
|
Number of Prosecutions Initiated |
7 (1,99,100) |
20 (2) |
|
Number of Convictions |
Unknown (1) |
3 (2) |
|
Imposed Penalties for Violations Related to the Worst Forms of Child Labor |
Yes (99) |
Yes (2) |
|
Reciprocal Referral Mechanism Exists Between Criminal Authorities and Social Services |
Yes (1) |
Yes (9) |
The Anti-Human Trafficking and Child Protection Unit initiated 2 new investigations, involving at least 5 victims, 11 prosecutions, and 2 convictions related to human trafficking, forced labor, and commercial sexual exploitation of children; in addition, the Office of the Director of Public Prosecutions reported an additional 9 prosecutions and 1 conviction related to child trafficking. Research, however, could not determine whether the government had additional law enforcement investigations, prosecutions, or convictions related to the worst forms of child labor. (2) The government, in partnership with a NGO, operates a national hotline to report cases of child abuse and exploitation, which are then followed up with an investigation by the DCS. During the reporting period, the hotline received 64 complaints related to child labor, 10 cases of trafficking of children, and 6 cases related to commercial sexual exploitation of children. (2)
A report by the National Council on the Administration of Justice found that magistrates lacked specialized knowledge in children's laws, policies, and rights, including the Sexual Offenses Act and the Children Act. (89)
The government has established mechanisms to coordinate its efforts to address child labor (Table 8). However, gaps exist that hinder the effective coordination of efforts to address child labor, including efficacy in accomplishing mandates.
|
Coordinating Body |
Role & Description |
|---|---|
|
National Steering Committee on Child Labor |
Oversees efforts to eliminate child labor. (1) Comprises government agencies, private employers, and workers’ organizations. Chaired by the Principal Secretary for Labor, with coordination duties performed by the MLSP Child Labor Division. (9) In 2020, MLSP, with support from ILO, created and convened the inaugural meeting of a Technical Working Committee to support the effectiveness of the National Steering Committee and reinstitution of county-level child labor committees. (84,95) |
|
National Council for Children’s Services |
Coordinates government efforts on issues related to child rights and welfare, including child labor. Comprises a chairperson, appointed by the President, and council members drawn from ministries, departments, agencies, and civil society. (101,102) Due to pandemic restrictions, the National Council for Children's Services did not meet during the reporting period. (85) |
|
County Child Labor Committees* |
Coordinate county-level activities to eliminate child labor and related labor abuses, including forced labor and human trafficking. (84) Include local labor officers and child protection officials. (95) During the reporting period, the government established county-level child labor committees, targeting 15 counties based on prevalence of child labor and child trafficking. (84,95) |
|
Counter-Trafficking in Persons Advisory Committee |
Coordinates the implementation of policies related to human trafficking and provides prevention and protection services to victims under the Counter-Trafficking in Persons Act. Led by the Counter Trafficking in Person's Secretariat under the State Department for Social Protection of MLSP, and comprises human trafficking and child protection specialists from multiple government agencies and NGOs. (2) In 2020, the Committee consulted with NGO stakeholders regarding the development of an updated National Action Plan to Combat Human Trafficking. (2) |
*Mechanism to coordinate efforts to address child labor was created during the reporting period.
Research indicates that a lack of sufficient funding likely inhibits the activities of coordinating bodies. (1)
The government has established policies related to child labor (Table 9). However, policy gaps exist that hinder efforts to address child labor, including implementation.
|
Policy |
Description |
|---|---|
|
National Policy on the Elimination of Child Labor |
Proposes strategies to prevent and eliminate child labor, including its worst forms, while providing support and rehabilitation for children removed from child labor. Includes measures to establish child labor-free zones, increase financial support for labor law enforcement, raise awareness, improve accessibility to education and social protection programs, and integrate child labor into corporate responsibility programs. (103) In 2020, the government began a review of the hazardous work list to bring it in line with the types of hazardous occupations and activities outlined in the National Policy on the Elimination of Child Labor. (84) |
|
National Plan of Action for Children in Kenya (2015–2022) |
Provides an operational framework for coordination, planning, implementing, and monitoring programs for children's welfare. Also outlines programs, awareness-raising activities, and research with the goal of reducing child labor and other child exploitation cases by 50 percent by 2022. (84,104) Due to pandemic restrictions, no activities were undertaken to implement the National Plan of Action for Children in Kenya during the reporting period. (85) |
|
MLSP Strategic Plan (2018–2022) |
Outlines the implementation of MLSP activities, programs, and projects, including the elimination of child labor. Proposes an updated child labor survey, development of a database on child labor, and creation of child labor free zones. (105) During the reporting period, MLSP took actions to reconstitute the National Steering Committee on Child Labor, including the establishment of a Technical Working Committee, in alignment with the objectives of the MSLP Strategic Plan. (105) |
|
National Prevention and Response Plan on Violence Against Children in Kenya, (2019–2023)† |
Identities goals and multi-sectoral actions to address violence against children, including commercial sexual exploitation, child trafficking, and other worst forms of child labor, through laws and policies, family support, education and life skills, community awareness, response and support, and coordination. Outlined goals and activities are based on findings from a 2019 National Survey on Violence Against Children that provided data on the magnitude, patterns, and factors associated with violence against children. (85,106) |
† Policy was approved during the reporting period.
‡ The government had other policies that may have addressed child labor issues or had an impact on child labor. (12,107,108)
In 2020, the government funded and participated in programs that include the goal of eliminating or preventing child labor (Table 10). However, gaps exist in these social programs, including the adequacy of programs to address the full scope of the problem.
|
Program |
Description |
|---|---|
|
Projects to Combat Child Labor and Increase Education Access† |
Government-funded programs that aim to combat child labor, including its worst forms, such as commercial sexual exploitation of children and child trafficking. Child Protection and Rescue Centers temporarily house child victims and provide counseling and reintegration services. (109) The School Meals Program also serves hot lunches to vulnerable children to improve school attendance. (18,109) During the reporting period, the government made an educational allocation of $4 million, under the Presidential Secondary School Bursary Scheme, that supported the education of 22,933 students. (85) |
|
National Safety Net Program (2013–2026)† |
$411 million, government-funded, 5 year cash transfer and social safety net program, with support from the World Bank. (12) In 2020, approximately 295,316 households with vulnerable and orphan children received financial support from the National Safety Net Program. (92) |
|
UN Humanitarian Assistance Program |
UNICEF-implemented program to provide educational and nutritional services to children. (110) |
|
USDOL-Funded Programs |
USDOL-funded projects to combat child labor, build government capacity, and support youth apprenticeships. Includes Better Utilization of Skills for Youth (BUSY) through Quality Apprenticeships (2016–2021), a $3 million program, and Capacity Strengthening of Governments to Address Child Labor and/or Forced Labor, and Violations of Acceptable Conditions of Work in Sub-Saharan Africa (CAPSA) (2019–2022), a $5 million dollar project to build the capacity of the Kenyan government to enforce labor laws and regulations related to child labor and forced labor and approve services for victims. (111,112) Also included Promoting Apprenticeship as a Path for Youth Employment in Argentina, Costa Rica, and Kenya through Global Apprenticeships Network (GAN) National Networks (2016-2020). (113) For additional information, please see our website. |
† Program is funded by the Government of Kenya.
‡ The government had other social programs that may have included the goal of eliminating or preventing child labor. (12,18,114,115)
During the reporting period, the government, with the ILO, worked to finalize drafting of an updated Decent Work Country Program (DWCP), which outlines the ILO's country programming strategy for Kenya, to integrate child labor and forced labor concerns into the DWCP. The government will launch the DWCP in early 2021. (84) In response to a National Survey on Violence Against Children, the government developed training materials for management of child protection cases and improved child protection facilities in West Pokot, Mombasa and Kericho Counties. In addition, the MLSP Department of Children’s Services opened a Children’s Office at Kakuma Refugee Camp in Turkana to coordinate children’s services, including the handling of court matters for children in the camp. (85)
Although Kenya has programs that target child labor, the scope of these programs is insufficient to fully address the extent of the problem, especially the commercial sexual exploitation of children.
Based on the reporting above, suggested actions are identified that would advance the elimination of child labor in Kenya (Table 11).
|
Area |
Suggested Action |
Year(s) Suggested |
|---|---|---|
|
Legal Framework |
Accede to the CRC Optional Protocol on the Sale of Children, Child Prostitution and Child Pornography. |
2013 – 2020 |
|
Ensure that light work provisions limit the number of hours for all light work activities. |
2019 – 2020 |
|
|
Raise the minimum age for work to the age up to which education is compulsory. |
2020 |
|
|
Ensure that laws providing free basic education cover all children in Kenya, including non-citizens. |
2020 |
|
|
Enforcement |
Publish information about labor law enforcement efforts, the funding of the labor inspectorate, the number of labor inspectors, the number of child labor violations, and the number of child labor violations in which penalties were imposed and collected. |
2009 – 2020 |
|
Institutionalize training for labor inspectors, including by training new labor inspectors at the beginning of their employment and refresher courses. |
2020 |
|
|
Increase the number of labor inspectors to meet the ILO's technical advice. |
2015 – 2020 |
|
|
Ensure that the Ministry of Labor and Social Protection has sufficient financial and human resources to address labor violations. |
2017 – 2020 |
|
|
Ensure that measures are taken to investigate and impose penalties for violations of child labor by government officials. |
2020 |
|
|
Ensure criminal law enforcement investigators receive refresher training. |
2020 |
|
|
Ensure that magistrates receive training on laws protecting children from the worst forms of child labor. |
2019 – 2020 |
|
|
Coordination |
Ensure that all coordinating bodies receive sufficient funding and are able to carry out their intended mandates. |
2016 – 2020 |
|
Government Policies |
Ensure all policies are implemented according to their mandates, including the National Plan of Action for Children in Kenya. |
2017 – 2020 |
|
Social Programs |
Collect and publish updated data on the extent and nature of child labor to inform policies and programs. |
2014 – 2020 |
|
End financial and training support for regional state armed groups in Somalia that recruit children, and hold perpetrators of the worst forms of child labor, including child soldiering, accountable. |
2020 |
|
|
Improve access to education by increasing the number of schools and teachers, enhancing the availability of hygiene facilities and products within schools, addressing sexual abuse in schools, and eliminating or defraying the cost of school fees, books, and uniforms. |
2010 – 2020 |
|
|
Enhance efforts to eliminate barriers and make education accessible for all children, including girls and refugee children, by ensuring that pregnant girls can remain in school, improving access to birth registration documents, increasing the number of schools, and improving existing educational facilities in refugee camps. |
2010 – 2020 |
|
|
Expand existing programs to address the scope of the child labor problem, including children engaged in commercial sexual exploitation. |
2009 – 2020 |
- U.S. Embassy- Nairobi. Reporting. January 17, 2020.
- U.S. Embassy- Nairobi. Reporting. February 11, 2021.
- UNESCO Institute for Statistics. Gross intake ratio to the last grade of primary education, both sexes (%). Accessed March 2021. For more information, please see “Children's Work and Education Statistics: Sources and Definitions” in the Reference Materials section of this report.
http://data.uis.unesco.org/ - ILO. Analysis of Child Economic Activity and School Attendance Statistics from National Household or Child Labor Surveys. Original data from Population and Housing Census, 2009. Analysis received March 2021. For more information, please see “Children's Work and Education Statistics: Sources and Definitions” in the Reference Materials section of this report.
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