The Labour Relations Act 2007 in Kenya

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...

(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...