Advocate Intelligence10 briefsFeb – May 2026

ELRASE III Intelligence Series

Ten standalone briefs extracted from the Employment and Labour Relations Court of Kenya’s ELRASE III Final Report 2025. Each brief identifies a regulatory shift, the practice impact, and an action checklist.

In May 2026, the Employment and Labour Relations Court held a three-day symposium on child labour enforcement in Kenya, joined by the Supreme Court, the ODPP, the JSC, the ILO, and the LSK. The signed Communique that emerged signals a coordinated push to bring cases the courts have not previously seen. These ten briefs translate that signal into practitioner-level action.

Source: ELRASE III Final Report 2025 (Employment and Labour Relations Court of Kenya)
The ten briefs
  1. 01

    Kenya Has Only 45 Child Labour Cases on Record. The ELRC Wants More.

    A jurisprudence gap that creates first-mover litigation opportunity.

    45child labour cases on record in Kenya
    4 min →
  2. 02

    ILO Conventions 138 and 182 Are Binding Kenyan Law. Most Advocates Do Not Know This.

    Article 2(6) of the Constitution creates untested litigation grounds.

    Art. 2(6)of the Constitution makes ILO C138 and C182 binding Kenyan law
    4 min →
  3. 03

    A New State Department for Children Was Created in April 2025. Here Is What That Means.

    Executive Order No. 1 of 2025 restructured child protection governance.

    47counties now overseen by the new State Department for Children Services
    4 min →
  4. 04

    Child Labour in Kenya's Refugee Camps Is Three Times Higher Than Expected.

    ILO data from Kakuma and Dadaab reveals a practice area most advocates have never considered.

    38%of children in Kakuma and Dadaab are engaged in child labour
    4 min →
  5. 05

    Digital Child Labour Has No Kenyan Regulator. That Is About to Change.

    Child influencers, online content creators, and gaming exploitation are on the judicial radar.

    4haverage daily social media use per Kenyan — children included
    4 min →
  6. 06

    The ODPP Just Admitted It Has Not Been Prosecuting Child Labour Cases.

    Prosecutorial gaps create space for private prosecution and victim-funded litigation.

    §88of the Criminal Procedure Code permits private prosecution
    4 min →
  7. 07

    Kenya's Child Labour Laws Focus on Morality, Not Exploitation. Courts Are Starting to Notice.

    Legislative fragmentation creates both risk and opportunity for advocates.

    4separate statutes regulate child labour in Kenya
    4 min →
  8. 08

    Survivors Said the Justice System Re-Traumatises Them. The Judiciary Listened.

    Survivor-centred justice is now official policy, and it changes how you run cases.

    2023–2030the Judiciary's Child Justice Strategy is in force
    4 min →
  9. 09

    Agricultural Supply Chains in Four Counties Face Specific Child Labour Compliance Risk.

    The ACCEL Africa Project is auditing tea and coffee operations in Kirinyaga, Meru, Kericho, and Kisii.

    4counties under ACCEL Africa tea and coffee supply chain scrutiny
    4 min →
  10. 10

    An 81-Year Prison Sentence Was Imposed for Child Exploitation. Sentencing Is Getting Serious.

    Deterrent sentencing, concurrent proceedings, and compensation orders are the new normal.

    81 yrsprison sentence imposed in a Nairobi child exploitation case
    4 min →
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