1. What are the key national laws on forced labour, modern slavery and/or human rights in your country?
  2. Are there any sector-specific rules?
  3. Are there any obligations for companies, e.g. reporting, due diligence, supply chain transparency?
  4. Are there any government reporting requirements?
  5. Are there any penalties and enforcement mechanisms?
  6. Potential criminal, civil or administrative penalties for violations?
  7. Risks for directors or executives?
  8. Upcoming laws, regulations, etc?

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Kenya
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1. What are the key national laws on forced labour, modern slavery and/or human rights in your country?

Fundamental rights are enshrined in the Kenyan Constitution’s Bill of Rights. 

Particularly: 

  • Article 30: Prohibition of slavery, servitude and forced labour. 
  • Article 29: The right to freedom and security
  • Article 41: The right to fair labour practices 
  • Article 25: Fundamental rights and freedoms that may not be limited including freedom from torture and cruel, inhumane or degrading treatment or punishment and the freedom from slavery or servitude
  • Employment Act, 2007
  • The Employment Act, 2007 prohibits the employment of forced labour. 
  • Counter Trafficking in Persons Act,2010
  • The Counter Trafficking in Persons Act, 2010 prohibits Human Trafficking which links with forced labour concerns. 
  • International Labour Organisation (ILO)

Kenya is a signatory to and has ratified the: 

  • Forced Labour Convention, 1930 (No. 29)
  • Abolition of Forced Labour Convention, 1957 (No. 105)
  • Worst Forms of Child Labour Convention, 1999 (No. 182)

2. Are there any sector-specific rules?

There are no sector specific rules. However, the ILO has identified agriculture, domestic work, mining and fishing as industries where child labour and forced labour is practiced in Kenya.

3. Are there any obligations for companies, e.g. reporting, due diligence, supply chain transparency?

There are currently no mandatory reporting obligations relating to labour.

4. Are there any government reporting requirements?

There are currently no mandatory reporting obligations relating to labour.

5. Are there any penalties and enforcement mechanisms?

Yes, on forced labour the Employment Act 2007 imposes a fine of KShs. 500,000 or imprisonment up to 2 years, or both. 
Where a constitutional violation is made, the penalties include compensation and injunctions. 

6. Potential criminal, civil or administrative penalties for violations?

In addition to the penalties explained under the Employment Act and the Constitution, the Counter-trafficking in Persons Act 2010 has a penalty for the trafficking for labour exploitation – minimum 30 years imprisonment or a fine of KShs. 30,000,000 or both.

Slavery can also be prosecuted as a crime under the penal code with a punishment of imprisonment for 10 years.
In terms of administrative penalties, a company engaging in labour/human rights violations may risk having its business licence suspended. 

7. Risks for directors or executives?

Yes, the imprisonment penalties would be imposed on directors and/or executives. They may also be personally liable where the corporate veil is lifted. 

8. Upcoming laws, regulations, etc?

No.