- Section 13 of The Labour Relations Act 2007: Application to register a trade union or employers' organisation
A trade union or employers’ organisation shall apply to the Registrar for registration within six months of receiving a certificate issued under section 12.
- 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...
- Section 15 of The Labour Relations Act 2007: Requirements for registering employers' organisation
(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...
- Section 16 of The Labour Relations Act 2007: Requirements for registering federation of trade unions
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...
- Section 17 of The Labour Relations Act 2007: Requirements for registering a federation of employers
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...
- Section 18 of The Labour Relations Act 2007: Application for registration
(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...
- Section 19 of The Labour Relations Act 2007: Registration of trade unions, employers' organisation or federation
(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...
- Section 20 of The Labour Relations Act 2007: Refusal to register a trade union, employers' organisation, or federation
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...
- Section 21 of The Labour Relations Act 2007: Effect of registration
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...
- Section 22 of The Labour Relations Act 2007: Objects in restraint of trade not unlawful
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...
- Section 23 of The Labour Relations Act 2007: Consequences of failure to register
(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),...
- Section 24 of The Labour Relations Act 2007: Registered office
(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...
- Section 25 of The Labour Relations Act 2007: Registration of branches
(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...
- Section 26 of The Labour Relations Act 2007: Amalgamation of trade unions, employers’ organisations or federations
(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...
- Section 27 of The Labour Relations Act 2007: Change of name or constitution of trade union employers, organisation or federation
(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...
- Section 28 of The Labour Relations Act 2007: Cancellation or suspension of registration
(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...
- Section 29 of The Labour Relations Act 2007: Notice of dissolution
(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...
- Section 30 of The Labour Relations Act 2007: Appeals against decision of Registrar
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.
- Section 31 of The Labour Relations Act 2007: Officials
(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...
- Section 32 of The Labour Relations Act 2007: Membership of minors
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...
- Section 33 of The Labour Relations Act 2007: Voting members of trade union
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...
- Section 34 of The Labour Relations Act 2007: Election of officials
(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...
- Section 35 of The Labour Relations Act 2007: Notification of officials
(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...
- Section 36 of The Labour Relations Act 2007: Trustees
(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...
- Section 37 of The Labour Relations Act 2007: Property to be vested in trustees
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,...
- Section 38 of The Labour Relations Act 2007: Devolution of property
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,...
- Section 39 of The Labour Relations Act 2007: Application of funds
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...
- Section 40 of The Labour Relations Act 2007: Prohibition of payment of fines or penalties
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...
- Section 41 of The Labour Relations Act 2007: Injunction to restrain misuse of funds
(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...
- Section 42 of The Labour Relations Act 2007: Treasurer to render accounts
(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...