AN ANALYSIS ON THE CHILD LABOUR LAWS OF KENYA: A MISSION FOR THE BEST INTEREST OF THE CHILD

ABSTRACT.

Child labour continues to be widespread phenomena across the globe. Worldwide over

215 million children have been described to be working, and many of them are involved

in fulltime labour. Certain land expanses that have documented the highest numbers of

child labourers include Asia and Sub-Saharan Africa.

The ILO has taken ingenuity to ensure eradication of child labour. Thereby, certain

statutes to include the ILO Convention No. 138 on Minimum Age of Employment that

seeks to ensure children below a certain age are not engaged in child labour. ILO

Convention No. 182 is on the Worst forms of Child labour its aim is to ensure that

children are not involved in dangerous activities that may be injurious to their wellbeing

or may interfere with their rights entitled to them. The African Charter on Rights

and Welfare of a Child has also outline the need for protection for children's rights and

encourages state parties to ensure that the best interests of a child prevails.

Kenya has ratified all three instruments as an initiative to ensure children rights are

protected. Various pieces of legislation such as the Constitution of Kenya 2010,

Employment Act, Children's' act have provisions to ensure that child labour is

eradicated. Despite all this pieces of legislation there is need for a child-revolving policy

on the elimination of Child Labour. Such a policy would take into account the nature of

work done by the child and consider what is best for the child.

This study will thus analyse the legal provisions on child labour and the steps taken by

Kenya to fulfil its obligations. It will also give a recommendation on how to formulate a

child-revolving policy in order to eradicate child labour and ensure the best interest of

the child triumphs.