Act and Laws in Kenya

(1) The authorised representative of a registered trade union, employers’ organisation, or federation shall furnish annually by a prescribed date to the Registrar a general statement of all receipts and expenditure during the year ending 31st December of the preceding year including – (a) all sums...

The accounts of a trade union, employers’ organisation or federation and a list of its members shall be open to inspection by – (a) an official or member of a trade union, employer’s organisation or federation at such times as may be specified in its constitution; and (b) by the Registrar, or any...

A person who obstructs or impedes the Registrar, or any person authorized by the Registrar, from inspecting the accounts of a trade union, employers’ organisation or federation or the list of its members commits an offence.

(1) The Registrar may, at any time, call upon the treasurer, the executive or management board by whatever name called, or any other official of a trade union or employers’ organisation to render detailed accounts of its funds or the funds of any branch for any period, in the manner and containing...

(1) The Industrial Court may – (a) order any person who has in his possession or control any property of a trade union, employers’ organisation or federation in violation of its rules or who has unlawfully expended or withheld its moneys, to deliver that property or pay that money to its trustees;...

(1) In this Part, “trade union dues” means a regular subscription required to be paid to a trade union by a member of the trade union as a condition of membership. (2) A trade union may, in the prescribed form, request the Minister to issue an order directing an employer of more than five employees...

(1) A trade union that has concluded a collective agreement registered by the Industrial Court with an employer, group of employers or an employers’ organisation, setting terms and conditions of service for all unionisable employees covered by the agreement may request the Minister to issue an...

(1) Any amount deducted in accordance with the provisions of this Part shall be paid into the designated trade union, or employers’ organisation account within ten days of the deduction being made. (2) The Minister may revoke or suspend a notice issued in accordance with of this Part if the...

The Minister may make regulations providing for the collection from employees and the payment to trade unions and trade union federations by employers of sums in respect of levies, subscriptions or payments, other than trade union dues, for particular purposes or objects approved by the Minister.

Nothing in this Part prevents a member of a trade union from paying any dues, levies, subscriptions or other payments authorised by the constitution of the trade union directly to the trade union

An employers’ organisation may provide in its constitution for its members to – (a) pay subscriptions or levies as a condition of their membership of the employers’ organisation; and (b) to charge its members a fee for services rendered to, and expenses incurred on behalf of the member.

(1) An employer, including an employer in the public sector, shall recognise a trade union for purposes of collective bargaining if that trade union represents the simple majority of unionisable employees. (2) A group of employers, or an employers’ organisation, including an organisation of...

(1) Without limiting the matters that may be dealt with in a recognition agreement, a recognition agreement shall provide for trade union members in a workplace to elect from among themselves trade union representatives in accordance with the constitution of the trade union. (2) A trade union...

(1) Without limiting the matters that may be dealt with in a recognition agreement, a recognition agreement shall provide for an employer to grant a trade union reasonable access to the employers premises for officials or authorised representatives of the trade union to pursue the lawful activities...

(1) An employer, group of employers or an employers’ organisation that has recognised a trade union in accordance with the provisions of this Part shall conclude a collective agreement with the recognised trade union setting out terms and conditions of service for all unionisable employees covered...

(1) An employer, group of employers or employers’ organisation and a trade union may conclude a collective agreement providing for― (a) the conciliation of any category of trade disputes identified in the collective agreement by an independent and impartial conciliator appointed by agreement...

(1)A collective agreement binds for the period of the agreement - (a) the parties to the agreement; (b) all unionisable employees employed by the employer, group of employers or members of the employers’ organisation party to the agreement; or (c) the employers who are or become members of an...

(1) Every collective agreement shall be submitted to the Industrial Court for registration within fourteen days of its conclusion. (2) The employer or employer’s organisation which is party to an agreement to be registered under this section shall submit the agreement to the Industrial Court for...

(1) The Minister may, after consultations with the Board, make regulations establishing machinery for determining terms and conditions of employment for any category of employees in the public sector. (2) The terms and conditions of employment determined under subsection (1) shall have the same...

(1) A trade dispute may be reported to the Minister in the prescribed form and manner – (a) by or on behalf of a trade union, employer or employers' organisation that is a party to the dispute; and (b) by the authorised representative of an employer, employers' organisation or trade union on whose...

(1) Every party to a trade dispute referred to in section 62 shall file a replying statement in the prescribed form and manner with the Minister within fourteen days of receiving a copy of the report of the dispute. (2) The failure by a party to file a replying statement does not affect the...

Any party which has an interest in any dispute may file a statement with the Minister within fourteen days of receiving a copy of the referral.

(1) Within twenty-one days of a trade dispute being reported to the Minister as specified under section 62, the Minister shall appoint a conciliator to attempt to resolve the trade dispute unless― (a) the conciliation procedures in an applicable collective agreement binding on the parties to the...

(1) A person appointed to conciliate a dispute under this Part shall be ― (a) a public officer; (b) any other person drawn from a panel of conciliators appointed by the Minister after consulting the Board; or (c) a conciliator from the Conciliation and Mediation Commission. (2) If the Minister...

(1) The conciliator or conciliation committee appointed under section 66 shall attempt to resolve the trade dispute referred to in section 65 (1) within- (a) thirty days of the appointment; or (b) any extended period agreed to by parties to the trade dispute. (2) For the purposes of resolving any...

(1) If a trade dispute is settled in conciliation the terms of the agreement shall be― (a) recorded in writing; and (b) signed by the parties and the conciliator. (2) A signed copy of the agreement shall be lodged with the Minister as soon as it is practicable.

A trade dispute is deemed to be unresolved after conciliation if the― (a) conciliator issues a certificate that the dispute has not been resolved by conciliation; or (b) thirty day period from the appointment of the conciliator, or any longer period agreed to by the parties, expires.

(1) If the Minister is satisfied that it is in the public interest to prevent a dispute from arising or to resolve a dispute, the Minister may appoint a conciliator or conciliation committee to attempt to present a dispute or resolve the dispute. (2) The Minister may appoint a conciliator or...

The Minister may appoint a committee of inquiry to investigate any trade dispute and report to the Minister.

The Minister may delegate his powers under this Part to the Commissioner for Labour or the Chief Industrial Relations Officer.