CAP. 226 [Rev. 2012] Employment employs or continues to employ the child to whom the notice refers in or about the employment to which the notice relates, or any similar employment, or, as the case may be, employs any child in the employment to which the notice relates, or any similar employment, commits an offence. (6) It shall not be an offence for an employer served with a notice given under subsection (1) to continue to employ the child to whom the notice refers during the period of thirty days limited for appeal or, if an appeal is lodged and subject to obtaining from the Industrial Court a temporary stay of execution of the labour officer’s notice within, such period as the court may determine, pending the outcome of that appeal. 56. Prohibition of employment of children between thirteen years and sixteen years of age (1) No person shall employ a child who has not attained the age of thirteen years whether gainfully or otherwise in any undertaking. (2) A child of between thirteen years of age and sixteen years of age may be employed to perform light work which is— (a) not likely to be harmful to the child’s health or development; and (b) not such as to prejudice the child’s attendance at school, his participation in vocational orientation or training programmes approved by the Minister or his capacity to benefit from the instructions received. (3) The Minister may make rules prescribing light work in which a child of between thirteen years of age and sixteen years of age may be employed and the terms and conditions of that employment. 57. Prohibition of written contracts for child between thirteen and sixteen years of age Subject to the provisions of the Industrial Training Act relating to contracts of apprenticeship or indentured learnership, a person who employs a child of between thirteen and sixteen years of age, or causes such a child to be employed, or being the parent or guardian or other person having for the time being the charge of or control over the child, allows the child to be employed, otherwise than under a verbal contract of service commits an offence and shall on conviction be liable to a fine not exceeding one hundred thousand shillings or to imprisonment for a term not exceeding six months or to both. 58. Restriction in employing child of between thirteen and sixteen years of age to attend machinery (1) No person shall employ a child of between thirteen and sixteen years of age, other than one serving under a contract of apprenticeship or indentured learnership in accordance with the provisions of the Industrial Training Act, in an industrial undertaking to attend to machinery. (2) No person shall employ a child in any opencast workings or sub-surface workings that are entered by means of a shaft or adit. [Issue 1] 38