CAP. 226 [Rev. 2012] Employment (b) the use, procuring or offering of a child for prostitution, for the production of pornography or for pornographic performances; (c) the use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs as defined in the relevant international treaties; (d) work which, by its nature or the circumstances in which it is carried out, is likely to harm the health, safety or morals of the child; “young person” means a child who has attained the age of sixteen years but has not attained the age of eighteen years. 3. Application (1) This Act shall apply to all employees employed by any employer under a contract of service. (2) This Act shall not apply to— (a) the armed forces or the reserve as respectively defined in the Armed Forces Act (Cap. 199); (b) the Kenya Police, the Kenya Prisons Service or the Administration Police Force; (c) the National Youth Service; and (d) an employer and the employer’s dependants where the dependants are the only employees in a family undertaking. (3) This Act shall bind the Government. (4) The Minister may, after consultation with the Board and after taking account of all relevant conventions and other international instruments ratified by Kenya, by order exclude from the application of all or part of this Act limited categories of employees in respect of whom special problems of a substantial nature arise. (5) The Minister may, after consultation with the Board, by order exclude from the application of all or part of this Act categories of employed persons whose terms and conditions of employment are governed by special arrangements: Provided those arrangements afford protection that is equivalent to or better than that part of the Act from which those categories are being excluded. (6) Subject to the provisions of this Act, the terms and conditions of employment set out in this Act shall constitute minimum terms and conditions of employment of an employee and any agreement to relinquish, vary or amend the terms herein set shall be null and void. PART II – GENERAL PRINCIPLES 4. Prohibition against forced labour (1) No person shall use or assist any other person in recruiting, trafficking or using forced labour. [Issue 1] 10