CAP. 226 [Rev. 2012] Employment 64. Penalty for unlawful employment of child (1) A person who employs, engages, or uses a child in an industrial undertaking in contravention of the provisions of this Part, commits an offence. (2) A person who uses a child in any activity constituting worst form of child labour commits an offence and shall on conviction be liable to a fine not exceeding two hundred thousand shillings or to imprisonment for a term not exceeding twelve months or to both. (3) It shall be a defence if the accused person proves that he genuinely had reason to believe that the child was above the age limit, which is the subject of the charge. 65. Penalty in case of death or injury of a child (1) If a child is killed, dies or suffers any bodily injury in consequence of his employer having contravened any provision of this Part, the employer shall, in addition to any other penalty, be liable to a fine not exceeding five hundred thousand shillings or to imprisonment for a term not exceeding twelve months or to both and the whole or any part of the fine may be applied for the benefit of the injured child or his family or otherwise as the Minister may direct. (2) An employer shall not be liable under subsection (1)— (a) in the case of injury to health, unless the injury was caused directly by the contravention; and (b) if a charge against him under this Part in respect of the act or default by which the death or injury was caused has been heard and dismissed before the injury occurred. PART VIII – INSOLVENCY OF EMPLOYER 66. Insolvency of employer Where on an application made to him in writing by an employee or his representative the Minister is satisfied that— (a) the employer of an employee has become insolvent; (b) the employment of the employee has been terminated; and (c) on the appropriate date the employee was entitled to be paid the whole or part of any debt to which this Part applies, the Minister shall, subject to section 69, pay the employee out of the National Social Security Fund, the amount to which, in the opinion of the Minister, the employee is entitled in respect of the debt. 67. Definition of insolvency An employer is insolvent for the purposes of this Part— (a) [Issue 1] if the employer is a person who— (i) has been adjudged bankrupt or has made a composition or arrangement with his creditors; or (ii) has died and his estate is to be administered in accordance with the Law of Succession Act; 40