- Section 73 of The Labour Relations Act 2007: Referral of dispute to Industrial Court
(1) If a trade dispute is not resolved after conciliation, a party to the dispute may refer it to the Industrial Court in accordance with the rules of the Industrial Court.
(2) Notwithstanding the provisions of subsection (1), if a trade dispute―
(a) is one in respect of which a party may call a...
- Section 74 of The Labour Relations Act 2007: Urgent referrals to Industrial Court
A trade union may refer a dispute to the Industrial Court as a matter of urgency if the dispute concerns―
(a) the recognition of a trade union in accordance with section 62; or
(b) a redundancy where -
(i) the trade union has already referred the dispute for conciliation under section 62(4);...
- Section 75 of The Labour Relations Act 2007: Arbitration Act not to apply. No. 4 of 1995
The Arbitration Act shall not apply to any proceedings before the Industrial Court.
- Section 76 of The Labour Relations Act 2007: Protected strikes and lock-outs
A person may participate in a strike or lock-out if―
(a) the trade dispute that forms the subject of the strike or lock-out concerns terms and conditions of employment or the recognition of a trade union;
(b) the trade dispute is unresolved after conciliation-
(i) under this Act; or
(ii) as...
- Section 77 of The Labour Relations Act 2007: Powers of Industrial Court
(1) A party to a dispute that has received notice of a strike or lock-out may apply to the Industrial Court to prohibit the strike or lockout as a matter of urgency if –
(a) the strike or lock-out is prohibited under this Part; or
(b) the party that issued the notice has failed to participate in...
- Section 78 of The Labour Relations Act 2007: Prohibited strikes or lock-outs
(1) No person shall take part in a strike or lock-out or in any conduct in contemplation of a strike or lock-out if―
(a) any law, court award or a collective agreement or recognition agreement binding on that person prohibits a strike or lock-out in respect of the issue in dispute;
(b) the subject...
- Section 79 of The Labour Relations Act 2007: Strike or lock-out in compliance with this Act
(1) In this Part, a “protected strike” means a strike that complies with the provisions of this Part and “protected lock-out” means a lock-out that complies with the provisions of this Part.
(2) A person does not commit a breach of contract or a tort by taking part in―
(a) a protected strike or a...
- Section 80 of The Labour Relations Act 2007: Strike or lock-out not in compliance with this Act
(1) An employee who takes part in, calls, instigates or incites others to take part in a strike that is not in compliance with this Act is deemed to have breached the employee’s contract and―
(a) is liable to disciplinary action; and
(b) is not entitled to any payment or any other benefit under...
- Section 81 of The Labour Relations Act 2007: Essential services
(1) In this Part “essential services” means a service the interruption of which would probably endanger the life of a person or health of the population or any part of the population.
(2) The Minister, after consultation with the Board–
(a) shall from time to time, amend the list of essential...
- Section 82 of The Labour Relations Act 2007: General penalty
(1) The Industrial Court has jurisdiction in respect of any prosecution for an offence under this Act.
(2) A trade union, employers’ organisation or federation which is convicted for an offence under this Act shall be liable to pay a fine not exceeding forty thousand shillings.
(3) A person who...
- Section 83 of The Labour Relations Act 2007: Regulations
The Minister may, after consultations with the Board, make regulations on any matter for the better carrying out of the provisions of this Act.
- Section 84 of The Labour Relations Act 2007: Repeal of Cap. 233 and Cap. 234
(1) The Trade Union's Act and the Trade Disputes Act are repealed.
(2) Transitional provisions dealing with the transition from the Trade Unions Act and the Trade Disputes Act to this Act are contained in Fifth Schedule.
- Section 1 of Limitation of Actions Act CAP 22: Short title
This Act may be cited as the Limitation of Actions Act.
- Section 2 of Limitation of Actions Act CAP 22: Interpretation
(1) In this Act, except where the context otherwise requires—
“arbitration” means an arbitration on a submission or under a written law;
“assurance” includes conveyance, assignment, transfer, lease, mortgage and charge and any other disposition of land otherwise than by will or intestacy;...
- Section 3 of Limitation of Actions Act CAP 22: Part subject to Part III
This Part is subject to Part III of this Act, which provides for the extension of the periods of limitation in the case of disability, acknowledgement, part payment, fraud, mistake and ignorance of material facts.
- Section 4 of Limitation of Actions Act CAP 22: Actions of contract and tort and certain other actions
(1) The following actions may not be brought after the end of six years from the date on which the cause of action accrued—
(a) actions founded on contract;
(b) actions to enforce a recognizance;
(c) actions to enforce an award;
(d) actions to recover a sum recoverable by virtue of a written...
- Section 5 of Limitation of Actions Act CAP 22: Action for contribution from tortfeasor
(1) Where under section 3 of the Law Reform Act (Cap. 26) a tortfeasor (in this section referred to as the first tortfeasor) becomes entitled after the commencement of this Act to a right to recover contribution in respect of any damage from another tortfeasor, an action to recover contribution by...
- Section 6 of Limitation of Actions Act CAP 22: Successive conversions, and extinction of title to converted goods
(1) Where any cause of action in respect of the conversion or wrongful detention of movable property has accrued to any person and, before he recovers possession of the property, a further conversion or wrongful detention takes place, no action may be brought in respect of the further conversion or...
- Section 7 of Limitation of Actions Act CAP 22: Actions to recover land
An action may not be brought by any person to recover land after the end of twelve years from the date on which the right of action accrued to him or, if it first accrued to some person through whom he claims, to that person.
- Section 8 of Limitation of Actions Act CAP 22: Actions to recover rent
An action may not be brought, and distress may not be made, to recover arrears of rent, or damages in respect thereof, after the end of six years from the date on which the arrears became due.
- Section 9 of Limitation of Actions Act CAP 22: Accrual of right of action in case of present interest in land
(1) Where the person bringing an action to recover land, or some person through whom he claims, has been in possession of the land, and has while entitled to the land been dispossessed or discontinued his possession, the right of action accrues on the date of the dispossession or discontinuance....
- Section 10 of Limitation of Actions Act CAP 22: Accrual of right of action in case of future interest in land
(1) Subject to this section, where a person brings an action to recover land, and the estate or interest claimed was an estate or interest in reversion or any other future estate or interest and no person has taken possession of the land by virtue of the estate or interest claimed, the right of...
- Section 11 of Limitation of Actions Act CAP 22: Accrual of right of action in case of forfeiture of breach of condition
A right of action to recover land by virtue of a forfeiture or breach of condition accrues on the date on which the liability to forfeiture was incurred or the condition broken:
Provided that, if such a right has accrued to a person entitled to an estate or interest in reversion and the land was...
- Section 12 of Limitation of Actions Act CAP 22: Accrual of right of action in case of certain tenancies
(1) A tenancy at will is taken to be determined at the end of one year from its commencement, unless it has previously been determined, and accordingly the right of action of the person entitled to the land subject to the tenancy accrues on the date of such determination.
(2) A tenancy from year...
- Section 13 of Limitation of Actions Act CAP 22: Right of action not to accrue or continue unless adverse possession
(1) A right of action to recover land does not accrue unless the land is in the possession of some person in whose favour the period of limitation can run (which possession is in this Act referred to as adverse possession), and, where under sections 9, 10, 11 and 12 of this Act a right of action to...
- Section 14 of Limitation of Actions Act CAP 22: Redemption actions
Where a mortgagee of land has been in possession, as mortgagee, of any of the mortgaged land for a period of twelve years, no action to redeem the land of which the mortgagee has been so in possession may thereafter be brought by the mortgagor or any person claiming through him.
- Section 15 of Limitation of Actions Act CAP 22: Right of action not preserved by formal entry or continual claim
For the purposes of this Act, no person is taken to have been in possession of any land by reason only of his having made a formal entry thereon, and no continual or other claim upon or near any land preserves any right of action to recover the land.
- Section 16 of Limitation of Actions Act CAP 22: Administration dates back to death
For the purposes of the provisions of this Act relating to actions for the recovery of land, an administrator of the estate of a deceased person is taken to claim as if there had been no interval of time between the death of the deceased person and the grant of the letters of administration.
- Section 17 of Limitation of Actions Act CAP 22: Title extinguished at end of limitation period
Subject to section 18 of this Act, at the expiration of the period prescribed by this Act for a person to bring an action to recover land (including a redemption action), the title of that person to the land is extinguished.
- Section 18 of Limitation of Actions Act CAP 22: Equitable interests
(1) Subject to section 20(1) of this Act, this Act applies to equitable interests in land, including interests in the proceeds of the sale of land held upon trust for sale, in like manner as it applies to legal estates, and accordingly a right to action to recover the land, for the purposes of this...