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Section 14 of The Labour Relations Act 2007: Requirements for registering a trade union

    

(1) A trade union may apply for registration if―
(a) the trade union has applied for registration in accordance with this Act;
(b) the trade union has adopted a constitution that complies with the requirements of this Act, including the requirements set out in the First Schedule;
(c) the trade union has an office and postal address within Kenya;
(d) no other trade union already registered is-
(i) in the case of a trade union of employers or of employees, sufficiently representative of the whole or of a substantial proportion of the interests in respect of which the applicants seek registration; or
(ii) in the case of an association of trade unions, sufficiently representative of the whole or a substantial proportion of the trade unions eligible for membership thereof:
Provided that the Registrar shall, by notice in the Gazette and in one national daily newspaper with wide circulation, notify any registered trade union, federation of trade unions or employers’ organisation which appear to him to represent the same interest as the applicants of the receipt of such application and shall invite the registered trade union federation of trade unions or employers’ organisation concerned to submit in writing, within a period to be specified in the notice, any objections to the registration;
(e) subject to subsection (2), only members in a sector specified in the constitution qualify for membership of the trade union;
(f) the name of the trade union is not the same as that of an existing trade union, or sufficiently similar so as to mislead or cause confusion;
(g) the decision to register the trade union was made at a meeting attended by the least fifty members of the trade union;
(h) the trade union is independent from the control, either direct or indirect, of any employer or employers' organisations; and
(i) the trade union’s sole purpose is to pursue the activities of a trade union.

(2) Notwithstanding the provisions of subsection (1)(d), the Registrar may register a trade union consisting of persons working in more than one sector, if the Registrar is satisfied that the constitution contains suitable provisions to protect and promote the respective sectoral interests of the employees.

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Disclaimer: This document is not to be taken as legal advise.

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