KENYA COUNTRYREPORT
COUNTRY REPORT FOR KENYA PREPARED BY
Dr. Wilfred Kimani
Ministry of Labour,
Directorate of Occupational Safety &Health Services (DOSHS)

1.1 BACKROUND INFORMATION ON DR.
WILFRED KIMANI Occupation

Occupational/Industrial Medical Doctor
 Organization• Directorate of Occupational Safety & HealthServices (DOSHS) , Ministry of Labour.
 Position• Senior Medical Specialist Work experience••

18 years

1.2 Country Profile
The country is situated on the equator on Africa's East
Coast. It occupies about 580,367 square kilometres.
 It has an estimated population of about 52.2 M people asat 2018
 Its capital and largest city is Nairobi
 National Language : Swahili
 Official Language: English, Swahili
 The country is the economic, financial & transport hub
for East & Central Africa.
 GDP average 5%, Per Capita Income of US$1,836
Profile ctd.
It’s a lower middle income country Under/unemployment about 40%
 Backbone of the Economy is Agriculture with tea, coffee,
horticulture/ floriculture making significant contribution
 Tourism also holds a significant place in the Economy and hasgreat tourism attraction sites
 Recent findings of oil and gas hold a lot of potential forgrowth Second largest Geo-thermal power producer in the world.
 Mining including Titanium, gemstones, artisanal gold,fluorspar, sodium bicarbonate among others Generally a safe country with fantasticweather
 Only Country with a National Park in thecapital city2.1 Occurrence status of occupational accidents
 Financial year 2021/2022 (1st July 2021 – 30thJune 2022
Q1 1,355 cases. 47 fatal.
 Q2
1,045 cases. 61 fatal.
 Q3958 cases. 34 fatal.
 Q4
1,213 cases. 35 fatal.
2.1 Occurrence status of occupational diseases
 Financial year 2021/2022
Total of 741 cases.

2.2 Data collection method
 Use of statutory DOSH/WIBA 1 Form All employers required by law to report all

workplace accidents/ occupational diseases tothe regulatory authority (DOSHS)

2.3 Safety & Health related laws and regulations
Occupational safety & health act (OSHA) 2007.
 Work injury benefits act (WIBA) 2007.
 Legal NoticesWoodworking Machinery Rules (L.N.431/1959)
Examination of Plant order (G.N.958/1951)
First Aid Rules (L.N.140/1977)
Cellulose Solutions Rule (L.N. 87/1964)
Docks Rules (L.N. 306/1962)

2.3 Safety & Health related laws and regulations
Extension of Application Order (L.N.405/1957)
 General Register Order (G.N. 973/1951)
 Safety & Health Committees Rules (L.N. 31/2004)
 Medical Examination Rules (L.N.24/2005)
 Noise Prevention & Control Rules (L.N.25/2005)
 Fire Risk Reduction Rules (L.N. 59/2007)
 Hazardous Substances Rules (L.N.60/2007)2.4 Labour Inspection System
Ministry of Labour is the focal point Departments in the Ministry include

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Directorate of Occupational Safety & Health Services (DOSHS)
National Social Security Fund (NSSF)
Labour department
National Industrial Training Authority (NITA)
National Employment Authority (NEA)
National Productivity & competitive center
National Human Resources Development and Planning (NHRPD)
Registrar of Trade Unions (RTU)2.4 Labour Inspection System ctd…
 DOSHS

Enforces the Occupational Safety & Health Act 2007
and Work Injury Benefits Act 2007.

Headed by Secretary OSH.
Compliance inspections.
 Medical surveillance.
 Accident investigations.


Occupational safety & Health officers


Located in all administrative regions of Kenya

2.5 Medical Care System
Ministry of Health is primarily responsible for medical andrehabilitation care
 Public National Hospitals
 Regional (county) hospitals
 Private Hospitals
 No differentiation between occupational and nonoccupational injuries and are treated similarly It is the responsibility of the employer to pay treatment,
rehabilitation and compensation for the occupational
diseases and injuries.
 Ministry of Labour (DOSHS) is responsible for ensuring that
employers comply with this2.5 Workers Accident Compensation InsuranceThis is managed by the Directorate of Occupational Safety &Health Services (DOSHS) through an act of parliament theWork Injury Benefits Act 2007
 The act provide compensation to employees for work related
injuries and diseases contracted in the course of employment
and for connected purposes.
 Employer is primarily responsible for the occupational injuryof his workers.
 Employer may either pay for the costs and disabilities
incurred directly or Employer may also have an insurance policy to cover thecosts.
2.5 Workers Accident Compensation
Insurance ctd..
Employer to defray expenses reasonably incurred by hisemployees as a result of an occupational accident or disease
Medical expenses include: dental, medical, surgical or hospital treatment
 skilled nursing services, supply of medicine, supply of surgical dressing, traveling and supply, maintenance, repair and replacement of artificial
limbs, crutches and other appliances and apparatus usedby physically disabled persons

2.5 Workers Accident Compensation Insurance ctd.
Temporary total disablement; due to an accident forthree or more days.
 a periodical payment equivalent to his/her earnings
subject to minimum and maximum to be fixed by
Minister for a period not exceeding 12 months.
 Periodical payment is not payable if employee isreceiving full pay.
 Payment to be reduced if employee is receiving partof remuneration.
2.5 Workers Accident Compensation Insurance ctd.
Compensation for permanent disablement calculated on thebasis of ninety six months earnings

2.5 Rehabilitation of Injured Workers
 There is NO specific scheme that targets injuredworkers
 All injured and ill persons are treated in thenormally established medical facilities
 Return to work data therefore difficult tocomputeTemporary incapacity
Salary x Days off Duty
26

Permanent Incapacity
 Salary+ regular allowances x 96 x percentage

incapacity
 i.e for a fatal accidents
20,000Ksh x 96 x 100
100

Return to work rates; No clear data on return to work data Full pay of salary for a maximum of 12 months ontemporary disability
 Medical aid till fully recovered Redeployment
 Light duties

2.6 Safety Equipment & facilities
 Have National Disaster Operations Center(NDOC) which coordinates National Disasters.
 Rely on equipment from the Military, National
Government, County Governments or Private
sector organizations.
 Large private sector organisations have their own
safety equipment.
 MSME largely do not have safety equipment.

2.7 Training/Education programs
 Statutory worker training

First Aid in the Workplace Safety & Health committee induction
 Fire Marshall

Awareness raising on OSH matters University trainings

Post graduate Diploma in OSH
Masters degree programme in OSH

2.8 OSH Activities of osh organizations other thangovernement
 Safety and health Auditor

Undertakes statutory annual workplace safety &health audit.
 Advises workplaces on safety & health issues
 May undertake workplace risk assesments on therequest of employers
 Approved training institutions:First Aid in workplace training OSH committee training Fire Safety training

Designated health practitioners
Undertake statutory occupational medical exams
 Advise workplaces on occupational health matters.
 Approved plant examiners

Undertake statutory examination of different types ofplants.

 Air quality examiners

Undertake statutory air quality assessments

 Industrial hygienists
Carry out industrial hygiene measurements in theworkplace Fire safety auditor

Undertake statutory fire safety audits
 Advise on fire safety in the workplaces.
2.9 OSHMS and Risk Assesment
 Statutory requirement under Section 6 (2) for

OSHMS.
 Statutory requirement under Section 6 (3) (4) for
Risk assessment. The risk assessment reportshould be shared with the area occupationalsafety & health officer.

2.10 Health Promotion & mental healthmeasures/activities
 Very few activities undertaken in healthpromotion. This activities mainly done by theMinistry of Health.
 Mental health measures also undertaken mainlyby the Ministry of Health using the Mental healthAct 2022 preceded by the Mental health Act Cap
248(Act No. 10 of 1989)

2.10 Health Promotion & mental healthmeasures/activities ctd…
 Few activities done by DOSHS .

Includes awareness raising during the Annual
celebrations of the World day of Safety & Health onApril 28th.
 Awareness raised during the training of Safety &Health committees.
 Issued covid 19 in the workplace guidelines afterconfirmation of covid 19 in Kenya in March 2020.
2.11 Campaign/Event/National Convention
 Carry out annual occupational safety & healthweek activities culminating on April 28th .


OSH Awards in different sectors.

 Occasionally meet with our pool of approved

OSH providers for conferences.
 Occasionally hold OSH scientific conferences.

2.12 Reference www.kenyalawreview.org for Law.
 DOSHS internal reports for data.

2.13 Government major strategies
 Increase sectoral OSH Awards during the Annual

World Safety Day commemoration.
 Establishing a social workers injury/occupational
disease compensation scheme.
 Increase technical staffing levels within theregulatory organization (DOSHS)

3.1 Major Issues in OSH
 Delays/ Non payment of worker

injury/occupational disease compensation.
 Workplace accidents
 Poor compliance with OSH Laws &Regulations.

3.2 Suggested counter measures
 Implement the Social worker injury/occupational

disease compensation scheme.
 Improve workplace OSH Standards by getting
employer buy-in.
 Increase compliance with OSH Laws &Regulations using the carrot and stick strategy.

3.3 Expectation
 Share experience from Japan and the otherParticipating countries on best practices.
 Learn new things in OSH.
 Interact with fellow OSH practitioners.

3.3 b Facility improvement
 Share knowledge and skills learned with mycolleagues in Kenya.
 Improve compliance with OSH Laws andregulations especially within the Kenyan PrivateSector.

 THE END

 THANK YOU

 ANY QUESTIONS?