Article 15: Right to work under equitable and satisfactory conditions
121. The State is extremely conscious of the eminent role that gainful work plays in the lives of Kenyans.
Work facilitates a host of other rights – from the right to be free from hunger, the right to housing and
the right to education. Ultimate State policies continue to be informed by the fact that a person may not
live a dignified life if he does not have work. The importance of this right is affirmed by the fact that
Kenya has ratified 49 International Labour Organization (ILO) Conventions, including seven of the
eight Fundamental Conventions; three of four Governance Conventions (Priority); and 39 of the 177
Technical Conventions. This ensures that just and favorable conditions of work and decent work
conditions for Kenya’s workers remains an essential part of the country’s policy-making and
implementation.
122. The Kenya Vision 2030 identifies work as a critical component of the economic pillar, stressing that
social cohesion may not be attained when significant segments of the population remain in abject
poverty. Ultimately, Kenya aims to establish a sustained gross domestic product (GDP) rate of 10 per
cent to drive wealth-creation. In 2012, the Government expected the economy to grow by 5.1 per cent to
rise to 10 per cent over the next few years. The current Medium Term Plan of the Vision 2030 (MTP
2013-2018) aims to raise the average annual income per person from USD 901 in 2012 to USD 1,200 by
2017; and to reduce national poverty levels from 44 per cent in 2012 to 28 per cent in 2017. The
Government acknowledges that work opportunities will keep growing if the economy remains
competitive.
123. New jobs have been generated both in the formal and informal sectors between 2008 and 2012. In 2008,
over 474,700 new jobs were generated. In the 2009/2010 financial year, the number rose to 502,900 and
went up further to 503,500 in the 2010/2011 financial year. The formal sector generated 62,600 new jobs
in 2010 compared to 56,300 jobs created in 2009 representing 12.4 per cent of the total jobs generated.
The informal sector, which represented 80.6 per cent of the total employment, generated an additional
440,900 jobs. The increase in the generation of jobs is attributed to improved economic performance
coupled with increased access to cheaper credit from banks, and from the Women Enterprise Fund and
the Youth Development Fund which provide business development loans to young people aged 18 to
35 to enable them to form viable businesses that would create jobs.
124. In 2009, the Government instituted the Kazi Kwa Vijana Programme (Jobs for the Youth) which was
aimed to employ 200,000 to 300,000 Kenyan youth in public works initiatives: when it ended, it had
employed 298,000 youth. Some of the challenges with the programme were that the jobs were shortterm and the programme was faced challenges of accountability.
125. In 2013, the Government established the Uwezo Fund to empower women and the youth. President
directed that 30 per cent of all Government procurements be reserved for women and the youth. It is
envisaged that this initiative will create more jobs for women and the youth. (More information on the
UWEZO Fund has been given earlier in the report).
126. Articles 30, 41, 43 of Constitution of Kenya, 2010 ; the Employment Act, 2007; Persons with Disability Act
Cap133 ; Children’s Act Cap141 ; NHIF Act Cap 255; Labour Relations Act Cap233; the Kenya Citizens and
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