Forced Labour
Prohibition on Forced and Compulsory Labour
The Constitution of Kenya prohibits forced labour. The Employment Act defines forced and compulsory labour as any work or service which is extracted from any person under the threat of any penalty, including the threat of a loss of rights or privileges, which is not offered voluntarily by the person doing the work or performing the service.
The Act prohibits all forms of forced or compulsory labour. A person who contravenes the provisions of this section commits an offence and shall, on conviction, be liable to a fine of at least 500,000 shillings or to imprisonment for a term of at least two years or both.
Under the Counter Trafficking in Persons Act, forced labour means the extraction of work or services from any person for the purpose of exploitation and is a criminal offence. A person who traffics another person for exploitation commits an offence punishable by at least 30 years of imprisonment, a fine of no less than 30 million shillings, or both. For repeat offences, the penalty is life imprisonment.
Source: §30 of the Constitution of Kenya 2010; §2 & 4 of the Employment Act 2007; §2 & 3 of the Counter Trafficking in Persons Act, last amended in 2023; §266 of the Penal Code of Kenya 1930, last amended in 2023
Freedom to Change Jobs and Right to Quit
Workers have the right to change jobs after serving due notice to their employer. For more information, please refer to the section on employment security.
Source: §35-36 of Employment Act 2007
Inhumane Working Conditions
The normal weekly working hours are 52 hours per week. Inclusive of overtime, the weekly working hours can be extended to 58 hours per week (116 hours over a two-week period).
For more information, please refer to the section on compensation.
Regulations on Forced Labour
- Constitution of Kenya, 2010
- Employment Act, 2007