Act and Laws in Kenya

A trade union or employers’ organisation shall apply to the Registrar for registration within six months of receiving a certificate issued under section 12.

(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...

(1) An employers' organisation may apply for registration if ― (a) the employers' organisation has applied for registration in accordance with the requirements of this Act; (b) the employers' organisation has adopted a constitution that complies with the requirements of this Act, including the...

The requirements for registration as federation of trade unions are― (a) the federation has applied for registration in accordance with this Act; (b) the federation has adopted a constitution that complies with the requirements of this Act; (c) the federation has an office and postal address in...

The requirements for registration of a federation of employers are― (a) the federation has applied for registration in accordance with this Act; (b) the federation has adopted a constitution that complies with the requirements of this Act; (c) the federation has an office and postal address in...

(1) An application to register a trade union, employers' organisation or federation shall be made to the Registrar in Form A set out in the Second Schedule, accompanied by― (a) the prescribed fee; (b) a certified copy of the constitution of the trade union or employers' organisation; and (c) a...

(1) If the Registrar is satisfied, after consulting the Board, that a trade union, employers' organisation or federation that has applied for registration meets the requirements of the Act, the Registrar shall register that trade union, employers organisation or federation and shall― (a) issue a...

If the Registrar is not satisfied that a trade union, employers organisation or federation meets the requirements for registration and refuses the application for registration, the Registrar shall advise the trade union, employers' organisation or federation of the reasons for that refusal in Form D...

A trade union, employers' organisation or federation shall be registered as a body corporate― (a) with perpetual succession and a common seal; (b) with the capacity in its own name to- (i) sue and be sued; and (ii)enter into contracts; and (c) hold, purchase or otherwise acquire and dispose...

A registered trade union, employers' organisation or federation is not an association in restraint of trade and its objects may not, by reason only that they are in restraint of trade― (a) be deemed to be unlawful so as to render any member of the trade union liable to criminal prosecution for...

(1) No person shall perform any act in furtherance of a trade union or employers' organisation unless that trade union or employers organisation― (a)is registered under this Act; or (b) an application for its registration is being considered. (2) Notwithstanding the provisions of subsection (1),...

(1) Every trade union, employers’ organisation or federation shall― (a) have a physical office and postal address to which all communication and notices may be addressed; and (b) give notice of its physical office and postal address and of any change of office or address to the Registrar in Form E...

(1) A trade union, employers’ organisation or federation shall apply to the Registrar to register its branches in Form F set out in the Second Schedule. (2) An application to register a branch shall― (a) be made by an authorised representative within thirty days of the formation of the...

(1)A registered trade union, employers’ organisation or federation may amalgamate with one or more registered trade unions or employers’ organisations, as the case may be. (2) An amalgamation of trade unions, employers organisation or federation may occur without a dissolution or division of the...

(1) A trade union, employers’ organisation or federation may resolve to― (a) change or replace its constitution; or (b) change its name. (2) A registered trade union, employer’s organisation or federation may apply to the Registrar to approve a change of name or an amendment to its constitution...

(1) The Registrar shall cancel or suspend the registration of a trade union, employers’ organisation or federation if― (a) the trade union, employers organisation or federation is dissolved; or (b) the Registrar is satisfied that the trade union, employers' organisation or federation has ceased to...

(1) When a trade union, employers’ organisation or federation is dissolved, the trade union, employers’ organisation or federation shall give notice of the dissolution in Form O set out in the Second Schedule which – (a) shall be submitted to the Registrar within fourteen days of the resolution to...

Any person aggrieved by a decision of the Registrar made under this Act may appeal to the Industrial Court against that decision within thirty days of the decision.

(1) The officials of a trade union or employers’ organisation shall be persons who are, or have been, engaged or employed in the sector for which the trade union or employers’ organisation is registered. (2) No person shall be an official of more than one trade union or employer’s...

An employee who has not attained the age of eighteen years but appears to be above the apparent age of sixteen years may be a member of― (a) a trade union and, unless the constitution provides otherwise, shall enjoy all the rights of a member; and (b) shall not be a member the executive or a...

No person shall be a voting member of – (a) a trade union unless that person is employed in the sector for which the trade union is registered; (b) an employers’ organisation unless that person has a physical address or an office in Kenya; or (c) a registered trade union or employer’s...

(1) The election of officials of a trade union, employers’ organisation or federation shall be conducted in accordance with their registered constitutions. (2) The constitution of a trade union, employers’ organisation or federation shall- (a) not contain a provision that discriminates unfairly...

(1) A trade union, employers’ organisation or federation shall exhibit prominently― (a) in its registered office, a notice giving the names of all officials and their titles; (b) in every branch office the notice specified in paragraph (a) and in addition, a notice giving the names and titles of...

(1) The constitution of a trade union, employer’s organisation and federation shall provide― (a) for the appointment or election of at least three trustees; and (b) for the filling of any vacancy in the office of a trustee to ensure that there are at least three trustees at all times. (2) Subject...

1) All property, whether movable or immovable, of a registered trade union, employers’ organisation or federation shall vest in its trustees for the use and benefit of the trade union, employer’s organisation or federation and its members. (2) The Minister may, with the consent of the trade union,...

Upon any change in the office of any trustee, the property of a registered trade union, employers’ organisation or federation shall vest in the trustees for the time being of the union for the same estate and interest as the former trustee or trustees had therein, and subject to the same trusts,...

Subject to its rules and the provisions of this Act, the funds of a trade union, employers’ organisation or federation may be used only for the following purposes - (a) the payment of salaries, allowances and expenses to its officials; (b) the payment of expenses for the administration of the...

The funds of a trade union, employers’ organisation or federation shall not be used, either directly or indirectly, to pay the whole or part of a fine or penalty imposed upon a person by sentence or order of any court, except a fine or penalty imposed upon the union or federation under this Act or...

(1) The Industrial Court may grant an injunction restraining unauthorized or unlawful expenditure of the funds of a trade union, employer’s organisation or federation on application by the Registrar, or by five or more persons having a sufficient interest in the relief sought. (2) If, when granting...

(1) In this section, “official” means the treasurer of a trade union, employers’ organisation or federation and every other official responsible for the accounts of a trade union, employers’ organisation or federation for collecting, disbursing, keeping in custody or controlling its funds or...