- Section 41 of The Work Injury Benefits Act CAP 236: Notice of occupational disease by employee and employer
(1) An employee shall as soon as possible after the commencement of an occupational disease give written notice thereof to the employer or to the employer where the employee was last employed, and in the prescribed manner to the Director.
(2) An employer shall, within fourteen days after...
- Section 42 of The Work Injury Benefits Act CAP 236: Date of occupational disease
(1) For purposes of this Act, the commencement of an occupational disease is deemed to be the date on which a medical practitioner diagnosed that disease for the first time or such earlier date as the medical practitioner may determine if it is more favourable to the employee.
(2) The...
- Section 43 of The Work Injury Benefits Act CAP 236: Amendment of Second Schedule.
The Minister may, on the recommendation of the Council and in consultation with the Director, amend the Second Schedule by notice in the Gazette, in respect of the description of diseases and work:
Provided that at least sixty days before any such amendment a notice shall be published in the...
- Section 44 of The Work Injury Benefits Act CAP 236: Appointment of medical advisory panels
(1) The Director may, after consultation with the Council and in consultation with the Director of Medical Services, appoint medical advisory panels which shall consist of such members as may be necessary to—
(a) assist with regard to the diagnosis of occupational diseases in individual cases;...
- Section 45 of The Work Injury Benefits Act CAP 236: First Aid
(1) An employer shall provide and maintain such appliances and services for the rendering of first aid to his employees in case of any accident as may be prescribed in any other written law in respect of the trade or business in which the employer is engaged.
(2) Any employer who fails to comply...
- Section 46 of The Work Injury Benefits Act CAP 236: Conveyance of injured worker
(1) If an employee is injured in an accident, which necessitates the employee’s conveyance to a hospital medical facility or from a hospital or medical facility to the employee’s residence, the employer shall make the necessary conveyance available.
(2) An employer or anyone in charge of the work...
- Section 47 of The Work Injury Benefits Act CAP 236: Medical expenses
(1) Subject to the provisions of this section, an employer shall defray any expenses reasonably incurred by an employee as the result of an accident arising out of, and in the course of the employers employment in respect of the following matters—
(a) dental, medical, surgical or hospital...
- Section 48 of The Work Injury Benefits Act CAP 236: Submission of medical report
(1) A medical practitioner who examines an employee shall within fourteen days after the first examination of the employee injured in an accident or within fourteen days after having diagnosed an occupational disease, furnish a medical report to the Director in the prescribed manner.
(2) Where...
- Section 49 of The Work Injury Benefits Act CAP 236: Fees for medical aid to be prescribed
The fees and charges for medical aid to a employee shall be in accordance with the scale prescribed by the Minister, from time to time, after consultation with the Council and such bodies or associations representing medical practitioners entitled to practice within Kenya as the Minister may think...
- Section 50 of The Work Injury Benefits Act CAP 236: Contributions by employees towards cost of medical aid prohibited
(1) An employer who demands, receives, deducts or recovers from an employee a contribution towards the cost of medical aid supplied or to be supplied in accordance with the provisions of this Act, commits an offence.
(2) If an employer has been convicted of contravening subsection (1), the...
- Section 51 of The Work Injury Benefits Act CAP 236: Objections and appeals against decisions of the Director
(1) Any person aggrieved by a decision of the Director on any matter under this Act, may within sixty days of such decision, lodge an objection with the Director an objection against such decision.
(2) The objection shall be in writing in the prescribed form accompanied by particulars...
- Section 52 of The Work Injury Benefits Act CAP 236: Director’s reply
(1) The Director shall within fourteen days after the receipt of an objection in the prescribed form, give a written answer to the objection, varying or upholding his decision and giving reasons for the decision objected to, and shall within the same period send a copy of the statement to any other...
- Section 53 of The Work Injury Benefits Act CAP 236: Director
(1) There shall be a Director of Work Injury Benefits who shall be responsible for the management of this Act.
(2) The Director of Work Injury Benefits shall perform the following functions—
(a) register employers;
(b) supervise the implementation of this Act;
(c) ensure that all employers...
- Section 54 of The Work Injury Benefits Act CAP 236: False statements
Any person who in connection with a claim for compensation in accordance with the provisions of this Act, or in any return, notice, report or statement to be given, made or furnished under this Act, makes or causes to be made any statement which is false in any material respect, knowing it to be...
- Section 55 of The Work Injury Benefits Act CAP 236: General penalty
A person convicted of an offence under this Act for which no other penalty is provided shall be liable to a fine not exceeding two hundred thousand shillings or to imprisonment for a term not exceeding one year or to both.
- Section 56 of The Work Injury Benefits Act CAP 236: Regulations
(1) The Minister may make regulations for the purpose of giving better effect to the provisions of this Act and, without prejudice to the generality of the foregoing power, the Minister may make Regulations—
(a) prescribing procedure, forms and fees; prescribing anything which is to be or may be...
- Section 57 of The Work Injury Benefits Act CAP 236: Repeal of Cap. 236
The Workman’s Compensation Act is repealed.
- Section 58 of The Work Injury Benefits Act CAP 236: Savings
(1) Any regulation or other instrument made or issued under the Workmen’s Compensation Act and having effect before the commencement of this Act shall continue to have effect as if such regulation or other instrument were made or issued under this Act.
(2) Any claim in respect of an accident or...
- Section 1 of The Labour Relations Act 2007: Short title
This Act may be cited as the Labour Relations Act, 2007.
- Section 2 of The Labour Relations Act 2007: Interpretation
In this Act, unless the context otherwise requires― “authorised representative” means –
(a) the general secretary of a trade union;
(b) an employer or the chief executive officer of an employer;
(c) the secretary of a group of employers;
(d) the chief executive or association secretary of an...
- Section 3 of The Labour Relations Act 2007: Application
This Act shall not apply to any person in respect of his employment or service —
(a) in the armed forces, or in any reserve force thereof;
(b) in the Kenya Police, the Administrative Police Force, the Kenya Prisons Service and the National Youth Service, or in any reserve force or service...
- Section 4 of The Labour Relations Act 2007: Employee's right to freedom of association
(1) Every employee has the right to -
(a) participate in forming a trade union of federation of trade unions;
(b) join a trade union; or
(c) leave a trade union.
(2) Every member of a trade union has the right, subject to the constitution of that trade union to -
(a) participate in its lawful...
- Section 5 of The Labour Relations Act 2007: Protection of employees
(1) No person shall discriminate against an employee or any person seeking employment for exercising any right conferred in this Act.
(2) Without limiting the general protection conferred by sub-section (1), no person shall do, or threaten to do any of the following -
(a) require an employee or a...
- Section 6 of The Labour Relations Act 2007: Employer's right to freedom of association
(1) Every employer has the right to―
(a) participate in forming an employers’ organisation or a federation of employers organisation; and
(b) subject to its constitution, join an employers organisation or a federation of employers’ organisations.
(2) Every member of an employers’ organisation has...
- Section 7 of The Labour Relations Act 2007: Protection of employers' rights
(1) No person shall discriminate against an employer for exercising any right conferred by this Act.
(2) Without limiting the general protection conferred by sub-section (1), no person shall do, or threaten to do any of the following―
(a) require an employer not to be or become a member of an...
- Section 8 of The Labour Relations Act 2007: Rights of trade unions, employers' organisation and federations
Every trade union, employers’ organisation or federation has the right to―
(a) subject to the provisions of this Act-
(i) determine its own constitution and rules; and hold elections to elect its officers;
(b) plan and organise its administration and lawful activities;
(c) participate in...
- Section 9 of The Labour Relations Act 2007: Provision may not be varied by agreement
A provision in any contract of employment or collective agreement, whether concluded before or after the commencement of this Act, that contradicts or limits any provision of this section is invalid, unless the contractual provision is expressly permitted by this Act.
- Section 10 of The Labour Relations Act 2007: Disputes under Part
If there is a dispute about the interpretation or application of any provision of this Part, any party to the dispute may refer the dispute in writing―
(a) to the Minister to appoint a conciliator as specified in Part VIII; or
(b) if the dispute is not resolved at conciliation, to the Industrial...
- Section 11 of The Labour Relations Act 2007: Burden of proof
In any proceedings under this Act―
(a) a party that alleges that a right or protection conferred by this part has been infringed shall prove the facts of the conduct; and
(b) the party who is alleged to have engaged in that conduct shall prove that their conduct did not infringe any provision of...
- Section 12 of The Labour Relations Act 2007: Establishment of a trade union or employers' organisation
(1) No person shall recruit members for the purpose of establishing a trade union or employers' organisation unless that person has obtained a certificate
from the Registrar issued under this section.
(2) An application for the certificate referred to in subsection (1) shall―
(a) be signed by two...