The law under the Employment Act, 2007, and the Children Act, defines a child in Kenya as a person below the age of 18 years. The Employment Act, Part VII provides for protection of children including protection from the worst forms of child labor. Section 56 prohibits employing a child below 13 years in any form of undertaking. However it allows employment of children from the ages of 13 to 16 years for light work, and defines those of 16 to 18 as employable. The Act does not clearly define the parameters for this employment.
It does not define light work and does not provide protection for children in such employment, but leaves it to the discretion of the minister. In section 58 and 59, the minimum age for employment in an industrial undertaking is 16, unless he/she is an apprentice under the Industrial Training Act (Cap. 237, Laws of Kenya). The law also puts a time limit for a child in an industrial undertaking to between 6.30am to 6.30pm. This minimum age restriction does not apply to employees who belong to the same family as the employer – unless the undertaking is dangerous to the life, health or morals of the persons employed. There is no legal minimum working age in the agricultural and services sectors, or for domestic work.
That above is law under the constitution and it is from twelve years back and no one Is ignorant enough to not know of its existence. This specific enterprise, namely Fortcom limited holdings has decided to throw all this out the window and in utter disgrace has used school going kids as their billboards for advertising their plots and one would be left wondering if the parents were in this too as no normal parent would subject their kids to such.
The subject cannot be even if they are paid , and you may even find they are paid by mathwiti na makeki , it is still unethical, evil and stupid of them. This should be the first hunt of Professor George Magoha as he is now the Education Cabinet Secretary. Shame to those involved.