Findings on the Worst Forms of Child Labor - Kenya

Child Labor and Forced Labor Reports

Kenya

2016 Findings on the Worst Forms of Child Labor:

Moderate Advancement

In 2016, Kenya made a moderate advancement in efforts to eliminate the worst forms of child labor. Kenya's parliament passed the National Policy on the Elimination of Child Labor. In addition, the Kenyan police established a new Child Protection Unit to investigate cases of child exploitation such as commercial sexual exploitation. The Government also participated in social programs to combat the worst forms of child labor. However, children in Kenya engage in the worst forms of child labor, including in agriculture and commercial sexual exploitation. Kenya has yet to ratify the UN CRC Optional Protocol on the Sale of Children, Child Prostitution and Child Pornography. In addition, the age gap between the compulsory education age and the minimum age for work leaves children vulnerable to child labor, as they are not required to attend school at age 14 but cannot legally work until age 16. The Government has also not committed sufficient resources for enforcement efforts.

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Children in Kenya engage in the worst forms of child labor, including in agriculture and commercial sexual exploitation.(1-5) Table 1 provides key indicators on children's work and education in Kenya.

Table 1. Statistics on Children's Work and Education

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 (%)

 

105.2

Source for primary completion rate: Data from 2015, published by the UNESCO Institute for Statistics, 2016.(6)
Source for all other data: Understanding Children's Work Project's analysis of statistics from Population and Housing Census, 2009.(7)

Based on a review of available information, Table 2 provides an overview of children's work by sector and activity.

Table 2. Overview of Children's Work by Sector and Activity

Sector/Industry

Activity

Agriculture

Farming,† including the production of tea, coffee, miraa,† rice, sisal, sugarcane, tobacco, corn, flowers, and cotton (4, 8-15)

Herding livestock† (4, 8, 13)

Fishing,† including for tilapia, sardines, and other fish (4, 8, 16-20)

Burning wood to produce charcoal (4, 8, 16, 21)

Industry

Construction,† including carrying heavy loads (4, 8, 13)

Quarrying,† including for stones and coral (4, 8, 14, 21)

Harvesting sand† (4, 8, 13, 16, 21-24)

Making bricks† (4, 13, 21)

Mining† for gold and salt (4, 8, 13, 14, 25, 26)

Working in slaughterhouses,† including disposal of after-products and cleaning (4, 27)

Services

Domestic work† (4, 8, 14, 16, 20-22, 27)

Street work, including vending (4, 5, 13, 14, 27)

Transporting goods† and people† by bicycle, motorcycle, and handcart† (4, 8, 21)

Scavenging for scrap materials† (4, 8, 14, 16, 19, 27)

Begging† (4, 8, 28)

Categorical Worst Forms of Child Labor‡

Commercial sexual exploitation, sometimes as a result of human trafficking (4, 8, 14, 16, 17, 29-33)

Use in illicit activities, including drug trafficking (4, 13, 26)

Begging, street vending, domestic service, herding livestock, fishing, and work on tobacco farms, sometimes as a result of human trafficking (4, 8, 11, 14, 17, 29, 32-35)

† 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 trafficking inside the country, typically by family or friends, to perform domestic work, agriculture work, and street vending.(33, 36) Children in Kenya scavenge dumpsites and streets for scrap material, including metal and glass.(8, 14, 16) These children earn about $1–$2 per day, while often risking injury and exposing themselves to infectious diseases, such as tetanus, by sorting through waste. Evidence suggests that such children are also exposed to mercury due to e-waste recycling and gold mining.(8) Reports also indicate that children ages 10–17 mine or harvest sand and work in Busia, Homa Bay, Kilifi, Kitui, Machakos, and Nakuru counties, increasing their likelihood of developing aggravated asthma, lung or heart disease, and cancer.(1, 22, 23, 37-39) The commercial sexual exploitation of children, sometimes as a result of human trafficking, is also a problem in Kenya, especially in the cities of Eldoret, Kisumu, Nairobi, Nyeri, and in coastal areas.(8, 14, 16, 30, 31, 33) The majority of children who are engaged in commercial sexual exploitation are girls, but boys are also involved.(8, 14)

Kenyan law mandates free education and prohibits schools from charging tuition fees. However, the cost of unofficial school fees, books, and uniforms prevent some children from attending school.(18, 23, 40-43) The Births and Deaths Registration Act mandates birth registration, but many children living in rural areas are not registered at birth. As a result, nonregistered children have difficulty accessing services such as education because they must provide a birth certificate before enrolling in school or sitting for exams.(14, 44-46) Teacher and school shortages further hinder children's access to education.(4) Teachers sexually abusing children also negatively affect school attendance. In addition, in isolated cases, some school administrators deny pregnant girls admittance to schools.(14, 47, 48) The last national child labor survey was conducted in 2000.(7) As a result, data may no longer reflect the current child labor situation in Kenya.

Kenya has ratified most key international conventions concerning child labor (Table 3).

Table 3. Ratification of International Conventions on Child Labor

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

 

Kenya has not ratified the UN CRC Optional Protocol on the Sale of Children, Child Prostitution and Child Pornography, although commercial sexual exploitation of children continues to be a problem in Kenya.

The Government has established laws and regulations related to child labor, including its worst forms (Table 4). However, gaps exist in Kenya's legal framework to adequately protect children from child labor.

Table 4. Laws and Regulations on Child Labor

Standard

Meets International Standards: Yes/No

Age

Legislation

Minimum Age for Work

No

16

Section 56 of the Employment Act; Section 10.4 of the Children Act; Section 12 of the Employment (General) Rules (43, 49, 50)

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 (43, 49)

Identification of Hazardous Occupations or Activities Prohibited for Children

Yes

 

Section 12 and the Fourth Schedule of the Employment (General) Rules; Section 10.1 of the Children Act (43, 50)

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 (43, 49, 51-54)

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 (43, 49, 52-54)

Prohibition of Commercial Sexual Exploitation of Children

Yes

 

Articles 8 and 9, 11 and 12, and 14–16 of the Sexual Offences Act; Sections 2 and 53.1 of the Employment Act; Section 15 of the Children Act (43, 49, 54)

Prohibition of Using Children in Illicit Activities

Yes

 

Sections 2 and 53.1 of the Employment Act; Section 16 of the Children Act (43, 49)

Minimum Age for Military Recruitment

 

 

 

State Compulsory

N/A*

 

Article 243 (1) of the Kenya Defence Forces Act (55)

State Voluntary

Yes

18

Section 10.2 of the Children Act; Article 243 (1) of the Kenya Defence Forces Act (43, 55)

Non-state Compulsory

Yes

18

Article 3 of the Counter- Trafficking in Persons Act (53)

Compulsory Education Age

Yes

14‡

Sections 28 and 30 of the Basic Education Act (42, 56, 57)

Free Public Education

Yes

 

Section 7.2 of the Children Act; Sections 28, 29, and 32 of the Basic Education Act; Article 53(b) of the Constitution (42, 43, 51)

* No conscription (55)
‡ Age calculated based on available information (56, 57)

Under Kenyan law, children working without a formal contract are not afforded minimum age protections.(43, 49) The Government has reported that children are required to attend school only until age 14, making children ages 14–15 vulnerable to child labor because they are not required to attend school but cannot legally work.(56, 57)

The Government has established institutional mechanisms for the enforcement of laws and regulations on child labor, including its worst forms (Table 5). However, gaps in labor law enforcement remain and some enforcement information is not available.

Table 5. Agencies Responsible for Child Labor Law Enforcement

Organization/Agency

Role

Ministry of Labor, Social Security and Services (MLSSS)

Enforce labor laws, including those related to child labor, through county labor officers in Kenya's 47 counties.(8, 58, 59) Through its Child Labor Division, coordinate activities to eliminate child labor.(8) Coordinate services provided to children, ensure that child protection activities are being implemented countrywide, and maintain records on children and the services provided to them.(8)

National Police Service

Enforce laws related to the worst forms of child labor.(8) Includes an Anti-Trafficking Police Unit focused on prevention of commercial sexual exploitation of children, child trafficking, and the use of children in illicit activities. Tourism Police Unit addresses commercial sexual exploitation of children in the tourism industry.(60) In 2016, launched a police unit dedicated to the fight against commercial sexual exploitation of children.(5)

Office of the Director of Public Prosecutions

Enforce laws through the prosecution of criminal offenses, including labor-related offenses.(4)

 

Labor Law Enforcement

In 2016, labor law enforcement agencies in Kenya took actions to combat child labor, including its worst forms (Table 6).

Table 6. Labor Law Enforcement Efforts Related to Child Labor

Overview of Labor Law Enforcement

2015

2016

Labor Inspectorate Funding

Unknown

Unknown

Number of Labor Inspectors

95 (4)

87 (5)

Inspectorate Authorized to Assess Penalties

No (4)

No (5)

Training for Labor Inspectors

 

 

Initial Training for New Employees

Unknown

N/A (5)

Training on New Laws Related to Child Labor

N/A

N/A (5)

Refresher Courses Provided

No

No (5)

Number of Labor Inspections

Unknown

Unknown (5)

Number Conducted at Worksite

Unknown

Unknown (5)

Number Conducted by Desk Reviews

Unknown

Unknown (5)

Number of Child Labor Violations Found

Unknown

Unknown (5)

Number of Child Labor Violations for Which Penalties Were Imposed

Unknown

Unknown (5)

Number of Penalties Imposed That Were Collected

Unknown

Unknown (5)

Routine Inspections Conducted

Unknown

Unknown (5)

Routine Inspections Targeted

Unknown

Unknown (5)

Unannounced Inspections Permitted

Yes (4)

Yes (5)

Unannounced Inspections Conducted

Unknown

Unknown (5)

Complaint Mechanism Exists

Yes (4)

Yes (5)

Reciprocal Referral Mechanism Exists Between Labor Authorities and Social Services

Yes (4)

Yes (5)

 

The number of labor inspectors is insufficient for the size of Kenya's workforce, which includes over 18 million workers. According to the ILO recommendation of 1 inspector for every 15,000 workers in developing economies, Kenya should employ roughly 1,244 labor inspectors.(61-63) Reports also suggest that the Ministry of Labor, Social Security and Services budget is inadequate and hampers the labor inspectorate's capacity to enforce child labor laws.(5, 8, 64) Labor inspectors cannot issue fines or penalties but can send a compliance letter to an employer that dictates how much time the employer has to correct the violation.(5) The Government operates an emergency, toll-free, nationwide child hotline to report child abuse, including child labor, and refers callers to organizations for social protection services.(8, 65, 66) In 2016, research found no information about the number of calls received concerning the worst forms of child labor.

Criminal Law Enforcement

In 2016, criminal law enforcement agencies in Kenya took actions to combat the worst forms of child labor (Table 7).

Table 7. Criminal Law Enforcement Efforts Related to the Worst Forms of Child Labor

Overview of Criminal Law Enforcement

2015

2016

Training for Investigators

 

 

Initial Training for New Employees

Yes (32)

Unknown (5)

Training on New Laws Related to the Worst Forms of Child Labor

N/A

N/A (5)

Refresher Courses Provided

Yes (32)

Unknown (5)

Number of Investigations

Unknown

Unknown*

Number of Violations Found

Unknown

Unknown*

Number of Prosecutions Initiated

Unknown

Unknown*

Number of Convictions

Unknown

Unknown*

Reciprocal Referral Mechanism Exists Between Criminal Authorities and Social Services

Yes (29)

Unknown

* The Government does not publish this information.

In 2016 the Kenyan police, in collaboration with the UK National Crime Agency, established a Child Protection Unit to address child exploitation—including child labor—due to a number of high-profile cases of UK citizens committing sexual offenses against Kenyan children. The unit so far has protected 150 children and is currently pursuing 15 cases against child sex offenders.(5)

The Government has established mechanisms to coordinate its efforts to address child labor, including its worst forms (Table 8).

Table 8. Key Mechanisms to Coordinate Government Efforts on Child Labor

Coordinating Body

Role & Description

National Steering Committee on Child Labor

Oversee efforts to eliminate child labor.(8) Comprises government agencies, private employers, workers' organizations, and civil society organizations. Chaired by the Permanent Secretary, with coordination duties performed by the MLSSS Child Labor Division.(27)

National Council for Children's Services

Coordinate quarterly government efforts on child-related issues, including child labor.(8) Operate the National Children Database, which collects comprehensive data on children, including data on child labor.(8) Led by a presidential appointee. Comprises 18 NGOs, private sector representatives, faith-based organizations, and representatives from various ministries.

National Labor Board

Advise the Cabinet Secretary of Labor, Social Security, and Services on all issues related to labor and employment, including legal and policy issues.(27)

Counter-Trafficking in Persons Advisory Committee

Coordinate the implementation of policies related to human trafficking and provide prevention and protection services to victims. Mandated by the Counter-Trafficking in Persons Act.(53) Comprises multiple government agencies, private employers, workers' organizations, and civil society organizations.(36)

Local, Advisory, and District Child Labor Committees

Coordinate activities to eliminate child labor at the local level.(8)

 

Although the Government has coordination mechanisms, research could not find information about their accomplishments during the year.

The Government has established policies related to child labor, including its worst forms (Table 9).

Table 9. Key Policies Related to Child Labor‡

Policy

Description

National Policy on the Elimination of Child Labor (2016)

Proposes strategies to prevent, identify, withdraw, rehabilitate, and reintegrate children involved in child labor, including its worst forms.(67)

National Plan of Action Against Sexual Exploitation of Children in Kenya (2013–2017)

Aims to prevent, protect, and reintegrate child victims of commercial sexual exploitation. Emphasizes identifying children engaged in commercial sexual exploitation; raising the awareness of community leaders, parents, and tourism employees on commercial sexual exploitation; and implementing programs to assist victims.(66)

Framework for the National Child Protection System for Kenya (2011)

Describes the laws and policies that protect children from violence and exploitation, and the roles and responsibilities of the Government to protect children from exploitative work.(68)

County Integrated Development Plan

Serves as a guide for a county's development planning processes. Required of all 47 counties in Kenya.(69) For example, the plan addresses child labor on coffee and tea estates in Kiambu County and the issue of street children in Turkana County. (70, 71)

‡ The Government had other policies that may have addressed child labor issues or had an impact on child labor.(72)

The National Plan of Action Against Sexual Exploitation of Children in Kenya did not include a corresponding budget.(66) Child labor elimination and prevention strategies do not appear to be integrated into the UN Development Assistance Framework, Policy for Alternative Provision of Basic Education and Training, Kenya National Social Protection Policy, and the National Education Sector Support Program.(5, 73, 74)

In 2016, the Government funded and participated in programs that include the goal of eliminating or preventing child labor, including its worst forms (Table 10).

Table 10. Key Social Programs to Address Child Labor

Program

Description

Projects to Combat Child Labor and Increase Education Access†

Government 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 for children; Kitui County Child Rescue Center, which withdraws and rehabilitates child laborers, provides counseling and life skills training. An NGO estimated that 600,000 street children live in Nairobi County. Government commissioned $2 million to build a residence to house street children.(5) School Meals Program has served 1.5 million vulnerable children, resulting in improved school attendance.(4, 8, 75, 76)

National Safety Net Program for Results†

$411 million, government-funded, 5-year cash transfer and social safety net program, with support from the World Bank, benefitted 353,000 households by assisting families of working children, orphans, and vulnerable children to meet their basic needs and pay for school-related costs. Budget allocation of $87 million for 2015–2016. (4, 8, 27, 76)

USDOL-Funded Projects to Combat Child Labor and Support Youth Apprenticeships

USDOL-funded projects to combat child labor and support youth apprenticeships. Includes $15.9 million Global Action Program on Child Labor Issues Project (2011–2016), implemented by ILO in approximately 40 countries, including Kenya; $3 million Better Utilization of Skills for Youth (BUSY) Through Quality Apprenticeships (2016–2019)*; and $1.4 million Promoting Apprenticeship as a Path for Youth Employment in Kenya Through Global Apprenticeship Network (GAN) National Networks (2016–2018).* Additional information is available on the USDOL Web site.

UN Agency Implemented Projects

Strengthening Human Security in Turkana, a program lead by ILO and in collaboration with the Government to improve human security issues in Turkana that resulted in withdrawing 1,215 children from child labor. Refugee Assistance Program, a UNICEF-implemented program, provided educational and nutritional services to 320,250 children. Regional Counter-Trafficking Project, an IOM-implemented program, combats human trafficking through prevention, protection, and support for victims.(77-79)

Child Labor Free Supply Chain Certifications

Government program supported by an NGO, CESVI, develops child labor-free supply chain certifications.(8, 80)

* Program was launched during the reporting period.
† 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, including its worst forms.(4, 79, 81-83)

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, including its worst forms, in Kenya (Table 11).

Table 11. Suggested Government Actions to Eliminate Child Labor, Including its Worst Forms

Area

Suggested Action

Year(s) Suggested

Legal Framework

Ratify the CRC Optional Protocol on the Sale of Children, Child Prostitution and Child Pornography.

2013 – 2016

Ensure that minimum age laws apply to children working in non-contractual employment.

2011 – 2016

Raise the compulsory education age to 16 to be equivalent to the minimum age for work.

2013 – 2016

Enforcement

Publish information about the labor inspectorate, including funding, training, inspections, child labor violations, penalties imposed, and whether routine and unannounced inspections are conducted; and ensure that labor enforcement efforts are adequately funded.

2009 – 2016

Publish information about criminal law enforcement's efforts to investigate, prosecute, and convict perpetrators of the worst forms of child labor.

2009 – 2016

Increase the number of labor inspectors to provide sufficient coverage for the workforce.

2015 – 2016

Authorize labor inspectors to assess penalties for child labor violations.

2010 – 2016

Disaggregate and publish the number of child labor complaints received by the hotline.

2016

Coordination

Publish information about child labor coordination activities, including meetings during the year and efforts to address child labor issues.

2016

Government Policies

Integrate child labor elimination and prevention strategies into the UNDAF, National Education Sector Support Program, Kenya National Social Protection Policy, and Policy for Alternative Provision of Basic Education and Training.

2013 – 2016

Include a budget in the National Plan of Action Against Sexual Exploitation of Children in Kenya.

2013 – 2016

Social Programs

Update data on child labor by conducting a national child labor survey.

2014 – 2016

Ensure that children can attend primary school, either by ensuring that school is free of fees or by subsidizing or defraying the cost of school fees, books, and uniforms. Improve access to education by training new teachers, ensuring that pregnant girls can remain in school, addressing sexual abuse in schools, and ensuring that children are registered at birth.

2010 – 2016

Expand existing programs to address the scope of the child labor problem, including children engaged in commercial sexual exploitation.

2009 – 2016

1.         ILO-IPEC. Kenya Child Labor Baseline Survey: Kitui District Report. Geneva; 2012. http://www.ilo.org/ipecinfo/product/viewProduct.do?productId=19561.

2.         ILO-IPEC. Kenya Child Labor Baseline Survey: Kilifi District Report. Geneva; 2012. http://www.ilo.org/ipecinfo/product/viewProduct.do?productId=19562.

3.         ILO-IPEC. Kenya Child Labor Baseline Survey: Busia District Report. Geneva; 2012. http://www.ilo.org/ipecinfo/product/viewProduct.do?productId=19560.

4.         U.S. Embassy- Nairobi. reporting, March 16, 2016.

5.         U.S. Embassy- Nairobi. reporting, February 13, 2017.

6.         UNESCO Institute for Statistics. Gross intake ratio to the last grade of primary education, both sexes (%). Accessed December 16, 2016; http://data.uis.unesco.org/. Data provided is the gross intake ratio to the last grade of primary education. This measure is a proxy measure for primary completion. This ratio is the total number of new entrants in the last grade of primary education, regardless of age, expressed as a percentage of the population at the theoretical entrance age to the last grade of primary education. A high ratio indicates a high degree of current primary education completion. The calculation includes all new entrants to the last grade (regardless of age). Therefore, the ratio can exceed 100 percent, due to over-aged and under-aged children who enter primary school late/early and/or repeat grades. For more information, please see “Children's Work and Education Statistics: Sources and Definitions” in the Reference Materials section of this report.

7.         UCW. 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 December 15, 2016. Reliable statistical data on the worst forms of child labor are especially difficult to collect given the often hidden or illegal nature of the worst forms. As a result, statistics on children’s work in general are reported in this chart, which may or may not include the worst forms of child labor. For more information, please see “Children's Work and Education Statistics: Sources and Definitions” in the Reference Materials section of this report.

8.         U.S. Embassy- Nairobi. reporting, February 11, 2014.

9.         Otieno, E. "Kenya: Farmers Go Wild On Tobacco Cash." allafrica.com [online] January 10, 2012 [cited April 14, 2014]; http://allafrica.com/stories/201201100354.html.

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11.       Njeru, G. "Kenya: Tobacco’s Immigrant Child Labour." allafrica.com [online] January 15, 2013 [cited April 11, 2014]; http://allafrica.com/stories/201301150914.html.

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14.       U.S. Department of State. "Kenya," in Country Reports on Human Rights Practices. Washington, DC; June 25, 2015; http://www.state.gov/documents/organization/236582.pdf.

15.       Joseph Ndunda, The Star. "1.5 Million Kids Do Not School - CS." allafrica.com [online] October 3, 2015 [cited November 12, 2015]; http://allafrica.com/stories/201510060940.html.

16.       Ottolini, D. Unearthing the Invisible. Worst forms of Child Labour in Nairobi and Nyanza Provinces. A Baseline Survey Analytical Report. Nairobi, CESVI; June, 2012. http://www.cesvi.org/dom/cesvi.org/aaa-root/o/unearthing-the-invisible.pdf.

17.       U.S. Department of State. "Kenya," in Trafficking in Persons Report- 2015. Washington, DC; July 27, 2015; http://www.state.gov/documents/organization/245365.pdf.

18.       International Labour Organization. Situation analysis on conducive learning environment for children withdrawn and prevented from child labour - A case of Kilifi District in Kenya. Geneva; November 15, 2013. http://www.ilo.org/ipecinfo/product/download.do?type=document&id=23678.

19.       International Labour Organization. Situation analysis on conducive learning environment for children withdrawn and prevented from child labour - A case of Kitui District in Kenya. Geneva; November 15, 2013. http://www.ilo.org/ipecinfo/product/download.do?type=document&id=23679.

20.       International Labour Organization. Situation analysis on conducive learning environment for children withdrawn and prevented from child labour - A case of Busia District in Kenya. Geneva; November 15, 2013. http://www.ilo.org/ipecinfo/product/download.do?type=document&id=23677.

21.       ILO-IPEC. Kenya labour market survey for older children withdrawn from worst forms of child labour: Kitui district report. Geneva; February, 2012. http://www.ilo.org/ipecinfo/product/download.do?type=document&id=19556.

22.       Munyuwiny, S. Rapid Assessment on Child Labour in Magarini District, Kenya. Nairobi, Africa Institute for Children Studies; May 28, 2012. [source on file].

23.       Mutiso Veronicah Nthambi, and Professor John Aluko Orodho. "Impact of Sand Harvesting on Education of Pupils in Public Primary Schools in Kathiani Division, Kathiani District, Machakos County, Kenya." (2014); [source on file].

24.       Kibet, R. "The Deadly Occupation Attracting Kenya's Youth." Inter Press Service, 2015. http://www.ipsnews.net/2014/08/the-deadly-occupation-attracting-kenyas-youth/.

25.       Integrated Regional Information Networks. "Kenya: Gold mining beats school any day." IRINnews.org [online] February 9, 2012 [cited April 14, 2014]; http://www.irinnews.org/Report/94822/KENYA-Gold-mining-beats-school-any-day

26.       U.S. Embassy- Nairobi. reporting, January 25, 2012.

27.       U.S. Embassy- Nairobi. reporting, February 24, 2015.

28.       The Africa Report. "Kenya-Tanzania: Trafficking handicapped children and the economy of misery." theafricareport.com [online] July 29, 2013 [cited January 27, 2014]; http://www.theafricareport.com/East-Horn-Africa/kenya-tanzania-trafficking-handicapped-children-and-the-economy-of-misery.html.

29.       U.S. Embassy- Nairobi. reporting, March 4, 2014.

30.       Onyulo, T. "Baby trafficking is a lucrative business in Kenya." February 28, 2015; [online]. http://www.usatoday.com/story/news/world/2015/02/28/kenya-stolen-baby-trafficking/23927517/.

31.       Rita Damary, and Joseph Kiir. Muslim Cleric Jailed 10 Years for Child Sex Trafficking. Nairobi; July 7, 2015. http://allafrica.com/stories/201507071381.html.

32.       U.S. Embassy- Nairobi. reporting, February 26, 2016.

33.       U.S. Department of State. "Kenya," in Trafficking in Persons Report- 2016. Washington, DC; June 30, 2016; http://www.state.gov/documents/organization/258876.pdf.

34.       U.S. Department of State. "Kenya," in Country Reports on Human Rights Practices- 2013. Washington, DC; February 27, 2014; http://www.state.gov/documents/organization/220336.pdf.

35.       UN Convention on the Rights of Persons with Disabilities. Concluding observations on the initial report of Kenya. http://www.refworld.org/pdfid/55eed6bc3.pdf.

36.       U.S. Embassy- Nairobi. reporting, December 28, 2015.

37.       ILO-IPEC. Integrated area-based approach as a strategy for laying foundations for child-labour free zones Geneva; 2012. http://www.ilo.org/ipec/Informationresources/WCMS_IPEC_PUB_23676/lang--en/index.htm.

38.       Ottolini, D. Unearthing the Invisible. Worst forms of Child Labour in Nairobi and Nyanza Provinces. A Baseline Survey Analytical Report. Nairobi, CESVI; June 2012. https://resourcecentre.savethechildren.net/sites/default/files/documents/unearthing_the_invisible_-_baseline_survey_on_wfcl_in_kenya.pdf

39.       Peters, T, PhD, CIH. Sand Mining and Transport: Potential Health Effects Iowa, University of Iowa; 2014. [source on file].

40.       ILO. Independent Midterm Evaluation of the Project: Creating the enabling environment to establish models for child labour free areas in Kenya: Support to the implementation of the National Action Plan for the Elimination of the Worst Forms of Child Labour with special focus on agriculture and older children. Nairobi; March 2012. [source on file].

41.       Phillista Onyango, and Arne Tostensen. "The Situation of Youth and Children in Kibera." Chr. Michelsen Institute, 3(2015); http://www.cmi.no/publications/file/5527-the-situation-of-youth-and-children-in-kibera.pdf.

42.       Government of Kenya. The Basic Education Act, 14, enacted January 14, 2013. http://planipolis.iiep.unesco.org/upload/Kenya/KenyaBasicEducationActNo_14of2013.pdf.

43.       Government of Kenya. The Children Act, 141, enacted 2010. http://www.icrc.org/ihl-nat.nsf/a24d1cf3344e99934125673e00508142/95bcf642e7784b63c1257b4a004f95e8/$FILE/Children's%20Act.pdf.

44.       Government of Kenya. The Births and Deaths Registration Act, enacted 2010. [source on file].

45.       Odinga, R. "Kenyans without IDs, birth certificates must not suffer any longer." (2016); [source on file].

46.       Apland, K, et al. Birth Registration and Children's Rights: A Complex Story; 2016. http://www.planbelgie.be/sites/default/files/birth_registration_and_childrens_rights_full_report_1.pdf

47.       Youth for Change. "Teen Pregnancy is keeping girls out of school in Kenya " March 14, 2016. http://www.youthforchange.org/latest-posts/2016/3/14/59uv9jm523wchx9yqrqfqz6j73uiqw.

48.       Chakamba, R. "Proposed Bill Says Kenyan Schools Must Stop Expelling Pregnant Girls." News Deeply, February 21, 2017. https://www.newsdeeply.com/womenandgirls/articles/2017/02/21/proposed-bill-says-kenyan-schools-must-stop-expelling-pregnant-girls.

49.       Government of Kenya. The Employment Act, 11, enacted October 22, 2007. [source on file].

50.       Government of Kenya. The Employment (General) Rules, 2014, enacted March 2014. [source on file].

51.       Government of Kenya. The Constitution of Kenya, enacted 2010. [source on file].

52.       Government of Kenya. Penal Code, 63, enacted 2009. [source on file].

53.       Government of Kenya. Counter-Trafficking in Persons Act, enacted 2010. [source on file].

54.       Government of Kenya. The Sexual Offences Act, 3, enacted July 21, 2006. [source on file].

55.       Government of Kenya. Kenya Defence Forces Act, enacted 2012. [source on file].

56.       UNESCO. Beyond 20/20 Web Data System: Table. 2012. [Source on File].

57.       ILO Committee of Experts. Direct Request concerning Minimum Age Convention, 1973 (No. 138) Kenya (ratification: 1979) Published: 2014; accessed April 14, 2014; [source on file].

58.       Ministry of Labor Social Security and Services. Background, Government of Kenya, [cited April 11, 2014]; [Hard Copy on File].

59.       International Labour Organization. National Profile on Occupational Safety and Health. Geneva, Ministry of Labour; 2013. http://www.ilo.org/wcmsp5/groups/public/---ed_protect/---protrav/---safework/documents/policy/wcms_187632.pdf.

60.       UN Committee on the Elimination of Discrimination Against Women. Concluding Observations of the Committee on the Elimination of Discrimination Against Women. Geneva; April 5, 2011. [source on file].

61.       CIA. The World Factbook, [online] [cited March 18, 2016]; https://www.cia.gov/library/publications/the-world-factbook/fields/2095.html#131. Data provided is the most recent estimate of the country’s total labor force. This number is used to calculate a “sufficient number” of labor inspectors based on the country’s level of development as determined by the UN.

62.       ILO. Strategies and Practice for Labour Inspection. Geneva, Committee on Employment and Social Policy; November 2006. http://www.ilo.org/public/english/standards/relm/gb/docs/gb297/pdf/esp-3.pdf. Article 10 of ILO Convention No. 81 calls for a “sufficient number” of inspectors to do the work required. As each country assigns different priorities of enforcement to its inspectors, there is no official definition for a “sufficient” number of inspectors. Amongst the factors that need to be taken into account are the number and size of establishments and the total size of the workforce. No single measure is sufficient but in many countries the available data sources are weak. The number of inspectors per worker is currently the only internationally comparable indicator available. In its policy and technical advisory services, the ILO has taken as reasonable benchmarks that the number of labor inspectors in relation to workers should approach: 1/10,000 in industrial market economies; 1/15,000 in industrializing economies; 1/20,000 in transition economies; and 1/40,000 in less developed countries.

63.       UN. World Economic Situation and Prospects 2012 Statistical Annex. New York; 2012. http://www.un.org/en/development/desa/policy/wesp/wesp_current/2012country_class.pdf. For analytical purposes, the Development Policy and Analysis Division (DPAD) of the Department of Economic and Social Affairs of the United Nations Secretariat (UN/DESA) classifies all countries of the world into one of three broad categories: developed economies, economies in transition, and developing countries. The composition of these groupings is intended to reflect basic economic country conditions. Several countries (in particular the economies in transition) have characteristics that could place them in more than one category; however, for purposes of analysis, the groupings have been made mutually exclusive. The list of the least developed countries is decided upon by the United Nations Economic and Social Council and, ultimately, by the General Assembly, on the basis of recommendations made by the Committee for Development Policy. The basic criteria for inclusion require that certain thresholds be met with regard to per capita GNI, a human assets index and an economic vulnerability index. For the purposes of the Findings on the Worst Forms of Child Labor Report, “developed economies” equate to the ILO’s classification of “industrial market economies; “economies in transition” to “transition economies,” “developing countries” to “industrializing economies, and “the least developed countries” equates to “less developed countries.” For countries that appear on both “developing countries” and “least developed countries” lists, they will be considered “least developed countries” for the purpose of calculating a “sufficient number” of labor inspectors.

64.       ILO Committee of Experts. Individual Direct Request concerning Labour Inspection (Agriculture) Convention, 2014 (No. 129) Kenya (ratification: 1979) Published: 2015; accessed November 5, 2015; http://www.ilo.org/dyn/normlex/en/f?p=1000:13100:0::NO:13100:P13100_COMMENT_ID:3188174:NO.

65.       UNICEF. Kenya: Child Helpline [video]. Kenya: UNIFEED; November 20, 2013, 2 min. 52 sec., [accessed April 10, 2014]; http://www.unmultimedia.org/tv/unifeed/2013/11/kenya-child-helpline/.

66.       Government of Kenya. The National Plan of Action Against Sexual Exploitation of Children in Kenya 2013-2017. Nairobi; 2013. [source on file].

67.       Republic of Kenya. SESSIONAL PAPER NO. 1 OF 2015 ON THE NATIONAL POLICY ON ELIMINATION OF CHILD LABOURMINISTRY OF LABOUR, SOCIAL SECURITY & SERVICES. [source on file].

68.       Government of Kenya. The Framwork for the National Child Protection System for Kenya. Nairobi, The National Council for Children's Services; November, 2011. http://resourcecentre.savethechildren.se/sites/default/files/documents/5429.pdf.

69.       Government of Kenya. Guidelines for Preparation of County Integrated Development Plans. Nairobi, Ministry of Devolution and Planning; May, 2013. [Hard Copy on File].

70.       County Government of Kiambu. County Integrated Development Plan 2013-2017. [source on file].

71.       UN Trust Fund for Human Security. Strengthening Human Security in the Border Communities of Turkana, Kenya; April 2014. Report No. 2. http://www.ilo.org/wcmsp5/groups/public/---ed_norm/---ipec/documents/newsitem/wcms_243111.pdf.

72.       Government of Kenya. Kenya Vision 2030: Second Medium Term Plan (2013-2017). Nairobi; 2013. http://www.usaid.gov/sites/default/files/documents/1860/1)%20Second%20Medium%20Term%20Plan%202013%20-%202017.pdf.

73.       Government of Kenya, Ministry of Education. Policy for Alternative Provision of Basic Education and Training. Nairobi; May 2009. [source on file].

74.       Government of Kenya. Kenya National Social Protection Policy. Nairobi; June 2011. http://www.africanchildforum.org/clr/policy%20per%20country/kenya/kenya_socialprot_2011_en.pdf.

75.       Government of Kenya. Kenya: 2013 Long Rains Assessment: Education Sector. Nairobi; December, 2013. [source on file].

76.       The World Bank. Kenya Cash Transfer for Orphans and Vulnerable Children: P111545- Implementation Status Results Report: Sequence 11. Washington, DC, World Bank; July 7, 2014. Report No. ISR15023. http://www-wds.worldbank.org/external/default/WDSContentServer/WDSP/AFR/2014/07/07/090224b082561ef9/1_0/Rendered/PDF/Kenya000Kenya00Report000Sequence011.pdf.

77.       IOM. Kenya, IOM, [online] October 2013 [cited April 10, 2014]; [source on file].

78.       UNICEF. Kenya, UNICEF, [online] August 7, 2014 [cited December 4, 2014]; http://www.unicef.org/appeals/kenya.html.

79.       ILO-IPEC Geneva official. E-mail communication to USDOL official. February 22, 2016.

80.       Kenya Flower Council. "Child Labour Free Certification Award Ceremony." kenyaflowercouncil.org [online] February 7, 2014 [cited April 10, 2014]; http://www.kenyaflowercouncil.org/blog/?p=5267.

81.       Equity Bank. "2,000 KCPE students awarded Wings To Fly Secondary School Scholarships." equitybankgroup.com [online] January 21, 2014 [cited April 10, 2014]; http://equitybankgroup.com/index.php/blog/view/2000-kcpe-students-awarded-wings-to-fly-secondary-school-scholarships.

82.       ILO-IPEC. Kenya Decent Work Country Programme 2013-2016. Geneva; 2013. http://www.ilo.org/public/english/bureau/program/dwcp/download/kenya.pdf.

83.       World Health Organization. INSPIRE: Seven Strategies for Ending Violence Against Children; 2016. http://www.unodc.org/documents/justice-and-prison-reform/who---inspire_-seven-strategies-for-ending-violence-against-children.pdf.

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