Employers are prohibited from employing children in circumstances that constitute the worst form of labour.

According section 53 of the Employment Act, employers are prohibited from employing children under conditions that are considered to be the worst forms of labour. This section also states that the Cabinet Secretary in charge of Labour relations shall make regulations that determine what constitutes unacceptable conditions of employment. These regulations can declare any work, activity or contract of service harmful to the health, safety or morals of a child and subsection (1) shall apply to such work, activity or contract of service. Felister Nduku Nzaku v Joyce Wairimu Gitau [2017] eKLR In this matter, the claimant was employed by the respondent as a house help aged 15 years old. The court noted that The employment of a child as a house help essentially denies such a child the right to care and protection, right to an education and the right to enjoy their childhood and more fundamentally, the right to development. Where such employment is coupled with underpayment and or non-payment of due wages, such becomes a double violation of the child’s rights.http://kenyalaw.org/caselaw/cases/view/144357

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