Page
Kenya
Child Rights and Business guidance for Chinese Companies Operating in Kenya
- Available in:
- 中文
- English
Proposed indicators
Translated from the relevant text from the 'Chinese outward investment country guidance': Duration of maternity leave in national legislation is three months. Amount of maternity leave cash benefits is 100% of previous earnings. Children under 16 years old cannot work more than six hours a day.
Decent work for parents and young workers
Relevant to companies in the manufacturing and construction/infrastructure sectors
Child labour
- Minimum age: The minimum age of full-time employment is 16.
- Hazardous work: Children under 18 years of age may not be employed in hazardous work under dangerous or unhealthy conditions, with risk of injury.
- Light work: Children aged 13-16 may be hired for light work for less than six hours per day, as long as work is not harmful to health or development and does not compromise attendance at school.
Relevant to companies in all industries
Maternity and paternity protections
- Parental leave: Women are entitled to 90 days (3 months) of maternity leave. Men are entitled to two weeks of paternity leave.
- Pay and benefits: Maternity and paternity leave is granted with full pay (100% of previous earnings) for the entire period, financed by employers.
- Job protection: The law prohibits dismissal of a female worker due to pregnancy or for reasons connected with pregnancy. Female workers also have the right to return to the same or similar position on the same terms and conditions after returning from maternity leave.
Decent work for parents and young workers:
- Health and safety: Employers have a duty to ensure the health and safety of all workers, but there are no special health and safety requirements for pregnant or nursing workers.
- Working hours: Normal working hours are 45 per week. Employees aged 14-16 years of age cannot work for more than 36 hours a week.
- Breastfeeding: National laws require employers to give paid breastfeeding breaks in addition to the regular times off for meals. Employers are also required to establish lactation stations in the workplace.
Marketplace
Relevant to companies in the ICT sector
Child online safety
- Child sexual abuse material (CSAM): National laws prohibit CSAM, but internet service providers (ISPs) are not required to report instances to law enforcement.
- Access to pornography: National laws do not restrict access to pornography, nor do they require ISPs to restrict access to children or adults.
- Grooming: National cybercrime legislation prohibits adults from communicating with children in a sexual manner using technology.
Community and Environment
Relevant to companies in the construction/infrastructure sectors
Environment
- Impact assessment: To ensure that projects minimise harmful impacts on the environment, national laws require environmental impact assessments.
- Climate change: In its submission to the UNFCC, Kenya has committed to reduce greenhouse gases by 30% by 2030.
Land rights
- Land tenure: The National Land Policy recognises indigenous and community land tenure, and approximately 60% of the country's land area is made up of indigenous and community lands.
- Free, prior and informed consent (FPIC): National laws protect the right of indigenous and other vulnerable groups to participate in decision-making over land and land resources; however, national laws do not require consent prior to land acquisition.
Child rights
- Education: Primary education is free and compulsory in Kenya. Secondary education is also free, but not compulsory.
- Healthcare: The Constitution recognises the right to health, and the country has universal health care coverage in the areas of maternal, neonatal and child health services.