E/C.12/KEN/CO/2-5
Occupational safety and health
31.
While noting the increase in the number of labour inspections carried out in the past
years, the Committee regrets the lack of information on results and follow-up to the
inspections. The Committee is also concerned that the Directorate of Occupational Safety
and Health Services lacks sufficient human and financial resources to carry out its mandate
(art. 7).
32.
The Committee recommends that the State party provide the Directorate of
Occupational Safety and Health Services with sufficient human and financial
resources to carry out its mandate effectively. It also recommends that the State party
include detailed information on labour inspections, particularly results and follow-up,
and the effectiveness of the National Occupational Safety and Health Policy in its next
periodic report.
Migrant domestic workers overseas
33.
The Committee is concerned at the exploitative working conditions of Kenyan
domestic workers in the Gulf and Middle East region and the lack of mechanisms to protect
them in the countries where they work (art. 7).
34.
The Committee recommends that the State party take the steps necessary to
put in place effective mechanisms to protect Kenyan domestic workers overseas from
abuse and exploitation, including through bilateral agreements with countries of
destination, to strengthen the regulation of recruitment agencies and to enhance
consular and legal services for these workers.
Right to social security
35.
The Committee is concerned at the limited coverage of cash transfer programmes,
leaving more than half of people eligible for the programmes unsupported, at duplication
errors in beneficiary registration and overlapping benefits. It is also concerned that the
amount of the benefits is not regularly adjusted or sufficient to ensure a decent living and
that payments are often delayed. The Committee is further concerned that the coverage of
the National Social Security Fund and the National Health Insurance Fund is very low and
excludes most workers in the informal economy (art. 9).
36.
The Committee recommends that the State party intensify its efforts to ensure
that the cash transfer programmes cover all eligible beneficiaries, increase the amount
of benefits and regularly readjust the amount to ensure a decent living and timely
payment for the beneficiaries. It also recommends that the State party take the
measures necessary to extend the coverage of the National Social Security Fund and
the National Health Insurance Fund to all employees in the formal and informal
economy and the self-employed. The Committee draws the attention of the State party
to its general comment No. 19 (2008) on the right to social security and its statement
on social protection floors (2015).
Domestic violence
37.
While welcoming the adoption of the Protection against Domestic Violence Act, the
Committee is concerned that the Act is not effectively enforced and that domestic violence
is still pervasive, particularly against women, children and persons with disabilities and that
the majority of cases of domestic violence go unreported (art. 10).
38.
The Committee recommends that the State party take all the measures
necessary to strengthen enforcement of the Act, including by conducting training for
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