† Determined by national law or regulation as hazardous and, as such, relevant to Article 3(d) of ILO Convention (C.). 182.
‡ Child labor understood as the worst forms of child labor per se under Article 3(a)–(c) of ILO C. 182.

Reports indicate that local elements of the Kenyan Defense Forces (KDF) maintained ongoing support of Jubaland Security Forces (JSF), a federal member state group in Somalia, that the UN and other organizations report as recruiting and using children in armed conflict. Such support has included training, provision of transportation (including armed vehicles), intelligence sharing, payment of salaries of JSF combatants, and allowing JSF regiments to garrison in northern Kenya, near the border of Somalia. Local organizations and community leaders in both northern Kenya and Jubaland have likewise observed recruitment by the JSF, sometimes even occurring on the Kenyan side of the border, with some KDF elements providing direct training to child recruits. Research cannot identify any screening or mitigation procedures within the KDF to ensure that children recruited by the JSF and their respective units are not benefiting from Kenyan training and other forms of tactical support. 

Children at Higher Risk

A severe drought and food shortages have increased school absenteeism and child labor vulnerabilities, particularly in Kenya's northern counties. In addition, children living in refugee camps, especially those who identify as LGBTQIA+, are targeted for commercial sexual exploitation. Moreover, traffickers increasingly exploit migrant children and children with disabilities in forced begging. Finally, criminals involved in terrorist networks lure and recruit Kenyan children to join non-state armed groups, primarily Al Shabaab, in Somalia, sometimes with fraudulent promises of lucrative employment.

Barriers to Education Access

Some children living in Kenya lack birth registration and national identification documents, resulting in difficulties in accessing services and education. Although Kenya law mandates free basic education and prohibits schools from charging tuition fees, the cost of unofficial fees levied by local schools, as well as the cost of books and uniforms, prevent some children from attending school, particularly at the secondary level. Long travel distances, teacher and staff shortages, and sexual abuse within schools further contribute to children in Kenya dropping out of school and becoming vulnerable to the worst forms of child labor. Furthermore, children seeking asylum or of refugee status are often restricted to living in designated areas, such as the Kakuma and Dadaab refugee camps, where there are limited schools and existing facilities lack sufficient teachers, textbooks, electricity, and latrines.

* Country has no conscription

Children ages 13 to 16 are only permitted to perform light work. However, Kenya's laws do not meet international standards because they do not limit the hours for light work, except for agricultural and horticultural work. In addition, as the minimum age for work is lower than the compulsory education age, children may be encouraged to leave school before the completion of compulsory education. Moreover, although the Basic Education Act establishes free basic education and stipulates that children should not be denied admission to school on account of not paying fees, the law does not meet international standards because it permits schools to levy tuition for children who reside in Kenya but do not have Kenyan citizenship. Kenya's legal framework also does not fully meet international standards for the protection of children from armed conflict, because the Counter-Trafficking in Persons Act does not criminalize the recruitment of children in the absence of force or fraud. Although the Children Act of 2022 addresses this gap by prohibiting the use of children by armed groups both within Kenya and across the border, the penalty of imprisonment not to exceed 12 months is not commensurate with crimes of similar gravity.

In 2023, 165 labor inspectors conducted 13,268* worksite inspections, finding an unknown number of child labor violations. It is unknown whether investigations into the worst forms of child labor were conducted or whether prosecutions were initiated, although 1 perpetrator was convicted and sentenced to 81 years' imprisonment.

*Data are from July 1, 2022, to June 30, 2023.

‡ The government had other policies that may have addressed child labor issues or had an impact on child labor.

For information about USDOL’s projects to address child labor around the world, visit https://www.dol.gov/agencies/ilab/ilab-project-page-search
† 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.

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