The Labour Relations Act 2007 in Kenya

(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.

(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...

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);...

The Arbitration Act shall not apply to any proceedings before the Industrial Court.

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...

(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...

(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...

(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...

(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...

(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...

(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...

The Minister may, after consultations with the Board, make regulations on any matter for the better carrying out of the provisions of this Act.

(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.