Labour Relations Act

Section 1. Short title Section This Act may be cited as the Labour Relations Act.

Section 2. Interpretation Section the general secretary of a trade union;

Section 3. Application Section in the armed forces, or in any reserve force thereof;

Section 4. Employee’s right to freedom of association Section 4(1)(a) participate in forming a trade union or federation of trade unions; Section 4(1)(b) join a trade union; or Section 4(1)(c) leave a trade union. Section 4(2)(a) participate in its lawful activities; Section 4(2)(b) participate in the election of its officials and representatives; Section 4(2)(c) stand for election and be eligible for appointment as an officer or official and, if elected or appointed, to hold office; and Section 4(2)(d) stand for election or seek for appointment as a trade union representative and, if elected or appointed, to carry out the functions of a trade union representative in accordance with the provisions of this Act or a collective agreement. Section 4(3)(a) participate in its lawful activities; Section 4(3)(b) participate in the election of any of its office bearers or officials; and Section 4(3)(c) stand for election or seek for appointment as an office bearer or official and, if elected or appointed, to hold office.

Section 5. Protection of employees Section 5(1) No person shall discriminate against an employee or any person seeking employment for exercising any right conferred in this Act. Section 5(2)(a) require an employee or a person seeking employment not to be or become a member of a trade union or to give up membership of a trade union; Section 5(2)(b) prevent an employee or person seeking employment from exercising any right conferred by this Act or from participating in any proceedings specified in this Act; Section 5(2)(c) because of past, present or anticipated trade union membership; Section 5(2)(c)(i) because of past, present or anticipated trade union membership; Section 5(2)(c)(ii) for participating in the formation or the lawful activities of a trade union; Section 5(2)(c)(iii) for exercising any right conferred by this Act or participating in any proceedings specified in this Act; or Section 5(2)(c)(iv) for failing or refusing to do something that an employee may not lawfully permit or require an employee to do. Section 5(3) No person shall give an advantage, or promise to give an advantage, to an employee or person seeking employment in exchange for the person not exercising...

Section 6. Employer’s right to freedom of association Section 6(1)(a) participate in forming an employers’ organisation or a federation of employers organisations; and Section 6(1)(b) subject to its constitution, join an employers organisation or a federation of employers’ organisations. Section 6(2)(a) participate in its lawful activities; Section 6(2)(b) participate in the election of any of its office bearers or officials; and Section 6(2)(c) stand for election or seek for appointment as an office bearer or official and, if elected or appointed, to hold office. Section 6(3)(a) participate in its lawful activities; Section 6(3)(b) participate in the election of any of its office bearers or officials; Section 6(3)(c) stand for election and be eligible for appointment as an office bearer or official; and Section 6(3)(d) stand for election or seek appointment as an office bearer and if elected or appointed to hold office. Section 6(4) An employer that is a juristic person may exercise the right to stand for election and hold office in an employer’s organisation or federation of employers’ organisation through a representative.

Section 7. Protection of employers’ rights Section 7(1) No person shall discriminate against an employer for exercising any right conferred by this Act. Section 7(2)(a) require an employer not to be or become a member of an employers’ organisation or to give up membership of an employer organisation; Section 7(2)(b) prevent an employer from exercising any right conferred by this Act or from participating in any proceedings specified in this Act; Section 7(2)(c) because of past, present or anticipated employers’ organisation membership; Section 7(2)(c)(i) because of past, present or anticipated employers’ organisation membership; Section 7(2)(c)(ii) for participation in the formation of the lawful activities of an employers’ organisation; Section 7(2)(c)(iii) for exercising any right conferred by this Act or participation in any proceedings specified in this Act; or Section 7(2)(c)(iv) failing or refusing to do something that an employer may not lawfully do. Section 7(3) No person shall give an advantage, or promise to give an advantage to an employer in exchange for the employer not exercising any right conferred by this Act or not participating in any proceedings provided for in t...

Section 8. Rights of trade unions, employers’ organisations and federations Section determine its own constitution and rules; and

Section 9. Provision may not be varied by agreement Section A provision in any contract of employment or collective agreement, whether concluded before or after the commencement of this Act, that contradicts or limits any provision of this section is invalid, unless the contractual provision is expressly permitted by this Act.

Section 10. Disputes under Part Section to the Cabinet Secretary to appoint a conciliator as specified in Part VIII; or

Section 11. Burden of proof Section a party that alleges that a right or protection conferred by this part has been infringed shall prove the facts of the conduct; and

Section 12. Establishment of a trade union or employers’ organisation Section 12(1) No person shall recruit members for the purpose of establishing a trade union or employers’ organisation unless that person has obtained a certificate from the Registrar issued under this section. Section 12(2)(a) be signed by two persons who are promoting the establishment of the trade union or employers’ organisation; Section 12(2)(b) specify the name of the proposed trade union or employers’ organisation; and Section 12(2)(c) contain any other prescribed information. Section 12(3)(a) the application is defective; or Section 12(3)(b) the name of the proposed trade union or employers’ organisation is the same as that of an existing trade union or employers’ organisation or is sufficiently similar so as to mislead or cause confusion. Section 12(4)(a) the promoters may undertake lawful activities in order to establish a trade union or employers’ organisation; and Section 12(4)(b) an application for the registration of the trade union or employers’ organisation shall be made to the Registrar within six months of the date of issue of the certificate. Section 12(5)(a) the certificate was obtained by fra...

Section 13. Application to register a trade union or employers’ organisation Section 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. Requirements for registering a trade union Section 14(1)(a) the trade union has applied for registration in accordance with this Act; Section 14(1)(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; Section 14(1)(c) the trade union has an office and postal address within Kenya; Section 14(1)(d) in the case of a trade union of employers or of employees, sufficiently representative of the whole or of a substantial proportion of the interests in respect of which the applicants seek registration; or Section 14(1)(d)(i) in the case of a trade union of employers or of employees, sufficiently representative of the whole or of a substantial proportion of the interests in respect of which the applicants seek registration; or Section 14(1)(d)(ii) in the case of an association of trade unions, sufficiently representative of the whole or a substantial proportion of the trade unions eligible for membership thereof: Provided that the Registrar shall, by notice in the Gazette and in one national daily newspaper with wide circulation, notify any registered trade union, federation of tr...

Section 15. Requirements for registering employers’ organisation Section 15(1)(a) the employers’ organisation has applied for registration in accordance with the requirements of this Act; Section 15(1)(b) the employers’ organisation has adopted a constitution that complies with the requirements of this Act, including the requirements of the First Schedule; Section 15(1)(c) the employers’ organisation has an office and postal address within Kenya; Section 15(1)(d) in the case of a trade union of employers or of employees, sufficiently representative of the whole or of a substantial proportion of the interests in respect of which the applicants seek registration; or Section 15(1)(d)(i) in the case of a trade union of employers or of employees, sufficiently representative of the whole or of a substantial proportion of the interests in respect of which the applicants seek registration; or Section 15(1)(d)(ii) in the case of an association of trade unions, sufficiently representative of the whole or a substantial proportion of the trade unions eligible for membership thereof: Provided that the Registrar shall, by notice in the Gazette and in any one national daily newspaper with wide ci...

Section 16. Requirements for registering federation of trade unions Section the federation has applied for registration in accordance with this Act;

Section 17. Requirements for registering a federation of employers Section the federation has applied for registration in accordance with this Act;

Section 18. Application for registration Section 18(1)(a) the prescribed fee; Section 18(1)(b) a certified copy of the constitution of the trade union or employers’ organisation; and Section 18(1)(c) a certified copy of the attendance register and minutes of the meeting at which the trade union, employers’ organisation or federation was established. Section 18(2) An application to register a trade union shall be signed by seven members of the trade union. Section 18(3)(a) call for further information for the purposes of evaluating an application for registration; or Section 18(3)(b) give an applicant for registration an opportunity to rectify the application within a period specified by the Registrar. Section 18(4)(a) request the applicant for registration to alter the name of the trade union or employers’ organisation or federation; or Section 18(4)(b) not register the trade union, employers organisation or federation until a suitable alteration has been made.

Section 19. Registration of trade unions, employers’ organisation or federation Section 19(1)(a) issue a certificate of registration in Form B set out in the Second Schedule; and Section 19(1)(b) enter the name and details of the trade union, employers’ organisation or federation in the appropriate register in Form C set out in the Second Schedule. Section 19(2) A certificate of registration issued under subsection (1) is conclusive evidence that the trade union, employers’ organisation or federation has been duly registered under this Act unless it is proved that the certificate has been withdrawn or cancelled.

Section 20. Refusal to register a trade union, employers’ organisation or federation Section 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 set out in the Second Schedule.

Section 21. Effect of registration Section with perpetual succession and a common seal;

Section 22. Objects in restraint of trade not unlawful Section be deemed to be unlawful so as to render any member of the trade union liable to criminal prosecution for conspiracy or otherwise; or

Section 23. Consequences of failure to register Section 23(1)(a) is registered under this Act; or Section 23(1)(b) an application for its registration is being considered. Section 23(2)(a) the Registrar has issued a certificate specified under section 12 ; and Section 23(2)(b) less than six months have elapsed from the time the Registrar issued a notice as requested under section 14 . Section 23(3)(a) defending proceedings against a trade union or employers’ organisations; or Section 23(3)(b) dissolving the trade union or employers’ organisation and disposing of its funds in accordance with its rules. Section 23(4) No person shall act or purport to act as an officer or official of a trade union or employers’ organisation that is not registered or has had its registration cancelled.

Section 24. Registered office Section 24(1)(a) have a physical office and postal address to which all communication and notices may be addressed; and Section 24(1)(b) give notice of its physical office and postal address and of any change of office or address to the Registrar in Form E set out in the Second Schedule, who shall enter it in the appropriate register. Section 24(2)(a) operate without having a registered physical office; and Section 24(2)(b) fail to give notice of its office and address or any change of office or address as required under subsection (1).

Section 25. Registration of branches Section 25(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. Section 25(2)(a) be made by an authorised representative within thirty days of the formation of the branch; Section 25(2)(b) specify the name of the branch, its postal address and the place at which the branch will meet or conduct its business; and Section 25(2)(c) specify the titles, names, ages, occupation and place of work of all officials of the branch. Section 25(3) The authorised representative specified under subsection (2) shall give notice to the Registrar in writing of the dissolution of any branch of a trade union, employers’ organisation or federation. Section 25(4)(a) shall maintain registers reflecting the branches of trade unions, employers’ organisations and federations; and Section 25(4)(b) may request further information before deciding whether to register a branch or remove its name from the relevant register. Section 25(5) No person shall act or purport to act as an official of a branch of a trade union, employers’ organisation or federation if that branch is not re...

Section 26. Amalgamation of trade unions, employers’ organisations or federations Section 26(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. Section 26(2) An amalgamation of trade unions, employers organisation or federation may occur without a dissolution or division of the funds of the amalgamating trade unions, employers’ organisations or federations. Section 26(3)(a) each of the amalgamating trade unions, employers’ organisations or federations has conducted a secret ballot in compliance with any prescribed requirements; Section 26(3)(b) at least fifty per cent of the members of each trade union, employers’ organisation or federation entitled to vote have voted; and Section 26(3)(c) the number of members who vote in favour of the proposed amalgamation exceeds by at least twenty percent the number of members who vote against the amalgamation. Section 26(4) Notice of a proposal to amalgamate a trade union, employers’ organisation or federation shall be in Form G set out in the Second Schedule and shall be signed by the authorized representative of each party...

Section 27. Change of name or constitution of trade union, employers’ organisation or federation Section 27(1)(a) change or replace its constitution; or Section 27(1)(b) change its name. Section 27(2)(a) a notice in Form I or Form J, as the case may be, set out in the Second Schedule, duly completed and signed by the secretary; Section 27(2)(b) a copy of the resolution containing details of the change; and Section 27(2)(c) a certificate signed by the secretary stating that the resolution was passed in accordance with the constitution and rules. Section 27(3) Notice of the change specified in subsection (2) shall be submitted to the Registrar within fourteen days of any resolution to change the name or constitution. Section 27(4)(a) refer the matter to the Employment and Labour Relations Court; Section 27(4)(b) refuse to accept the proposed amendments; or Section 27(4)(c) make any orders that he may deem fit in the circumstances. Section 27(5) The Registrar may approve a change of name or to the constitution if the applicable requirements of registration of a trade union, employer’s organisation or federation are met. Section 27(6) The Registrar shall issue a certificate of change o...

Section 28. Cancellation or suspension of registration Section 28(1)(a) the trade union, employers organisation or federation is dissolved; or Section 28(1)(b) the Registrar is satisfied that the trade union, employers’ organisation or federation has ceased to exist. Section 28(2)(a) was registered as a result of fraud, misrepresentation or mistake; Section 28(2)(b) is operating in contravention of this Act; Section 28(2)(c) is being used for an unlawful purpose; Section 28(2)(d) has failed to conduct elections in accordance with the requirements of this Act; or Section 28(2)(e) is not independent. Section 28(3)(a) given the trade union, employers’ organisation or federation at least two months notice of his intention to suspend or cancel its registration in Form M set out in the Second Schedule; and Section 28(3)(b) considered any representations made by the trade union, employers’ organisation or federation within that two month period. Section 28(4)(a) notify it of that decision in Form N set out in the Second Schedule; and Section 28(4)(b) give reasons for the decision. Section 28(5) A trade union, employers’ organisation or federation may appeal against a decision of the Regis...

Section 29. Notice of dissolution Section 29(1)(a) shall be submitted to the Registrar within fourteen days of the resolution to dissolve; and Section 29(1)(b) by an authorized representative; and Section 29(1)(b)(i) by an authorized representative; and Section 29(1)(b)(ii) by seven members of a trade union or three members of an employers’ organisation or federation. Section 29(2)(a) issue a certificate of dissolution in Form P set out in the Second Schedule; and Section 29(2)(b) register the dissolution if satisfied that the dissolution complies with the applicable constitution. Section 29(3) The dissolution of a trade union, employer’s organisation or federation takes effect from the date of its registration.

Section 30. Appeals against decision of Registrar Section Any person aggrieved by a decision of the Registrar made under this Act may appeal to the Employment and Labour Relations Court against that decision within thirty days of the decision.

Section 31. Officials Section 31(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. Section 31(2) No person shall be an official of more than one trade union or employer’s organisation. Section 31(3) An official of a trade union may also be an official of a federation of trade unions to which the trade union is affiliated. Section 31(4)(a) the general secretary of a trade union or the chief executive or association secretary of an employers’ organisation may be a person not engaged or employed in the sector concerned; Section 31(4)(b) a person may be an official of more than one employer’s organisation; and Section 31(4)(c) the Registrar may, on application by a trade union or employers’ organisation, permit any other office to be filled by a person not engaged or employed in the sector concerned. Section 31(5) No person who has been convicted of a criminal offence involving fraud or dishonesty shall be an official of a trade union or employer’s organisation.

Section 32. Membership of minors Section a trade union and, unless the constitution provides otherwise, shall enjoy all the rights of a member; and

Section 33. Voting members of trade union Section a trade union unless that person is employed in the sector for which the trade union is registered;

Section 34. Election of officials Section 34(1) The election of officials of a trade union, employers’ organisation or federation shall be conducted in accordance with their registered constitutions. Section 34(2)(a) not contain a provision that discriminates unfairly between incumbents and other candidates in elections; and Section 34(2)(b) provide for the election, by secret ballot, of all officials of a trade union at least once every five years. Section 34(3) Notice of the election of officials under this section shall be given to the Registrar in the prescribed form within fourteen days of the completion of the election. Section 34(4) Disputes arising from, or connected directly or indirectly to, elections held under this section may be referred to the Industrial Court. Section 34(5) The Registrar may issue directions to a trade union, employers’ organisation or federation to ensure that elections are conducted in accordance with this section and their respective constitutions.

Section 35. Notification of officials Section 35(1)(a) in its registered office, a notice giving the names of all officials and their titles; Section 35(1)(b) in every branch office the notice specified in paragraph (a) and in addition, a notice giving the names and titles of the officials of the branch. Section 35(2) Notice of any changes of officials or of the title of any officials shall be submitted to the Registrar in Form Q set out in the Second Schedule, within fourteen days after the change, together with the prescribed fee, and the Registrar shall register the change, subject to subsections (4) and (5). Section 35(3) Before registering any change of officials or correcting any register, the Registrar may require the production of any relevant evidence of the change. Section 35(4) If, after inquiry, the Registrar is not satisfied as to the validity of any appointment or the propriety of any proposed correction, the Registrar may refuse to register the change of officials or to correct the register. Section 35(5) No change of officials shall have effect until it is registered by the Registrar. Section 35(6) No person who is not registered by the Registrar in accordance with...

Section 73. Referral of dispute to Industrial Court Section 73(1) If a trade dispute is not resolved after conciliation, a party to the dispute may refer it to the Employment and Labour Relations Court in accordance with the rules of the Industrial Court. Section 73(2)(a) is one in respect of which a party may call a protected strike or lock-out, the dispute may only be referred to the Employment and Labour Relations Court by an aggrieved party that has made a demand in respect of an employment matter or the recognition of a trade union which has not been acceded to by the other party to the dispute; or Section 73(2)(b) is in an essential service, the Cabinet Secretary may, in addition, refer the dispute to the Employment and Labour Relations Court. Section 73(3) A trade dispute may only be referred to the Employment and Labour Relations Court by the authorised representative of an employer, group of employers, employers’ organisation or trade union.

Section 74. Urgent referrals to Employment and Labour Relations Court Section the recognition of a trade union in accordance with section 62 ; or

Section 75. Arbitration Act does not to apply Section The Arbitration Act (Cap. 49) shall not apply to any proceedings before the Employment and Labour Relations Court.

Section 36. Trustees Section 36(1)(a) for the appointment or election of at least three trustees; and Section 36(1)(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. Section 36(2) Subject to section 35 , any officer, official or member of a trade union, employers’ organisation or federation may be a trustee. Section 36(3) No person who has been convicted of a crime involving fraud or dishonesty shall be a trustee. Section 36(4) Any person appointed as a trustee under this section shall comply with the duties and responsibilities of a trustee specified in the Trustees (Perpetual Succession) Act ( Cap. 164 ).

Section 37. Property to be vested in trustees Section 37(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, employers’ organisation or federation and its members. Section 37(2) The Cabinet Secretary may, with the consent of the trade union, employers’ organisation or federation concerned and by notice in the Gazette , authorize the transfer of specified property of that trade union, employers’ organisation or federation to persons other than its trustees, or for public purposes, other than the use of the trade union, employer’s organisation or federation and its members, which the Cabinet Secretary may prescribe.

Section 38. Devolution of property Section 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, without any transfer, conveyance or assignment.

Section 39. Application of funds Section the payment of salaries, allowances and expenses to its officials;

Section 40. Prohibition of payment of fines or penalties Section 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 its regulations.

Section 41. Injunction to restrain misuse of funds Section 41(1) The Employment and Labour Relations 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. Section 41(2) If, when granting an injunction under this section the Employment and Labour Relations Court cancels the registration of a trade union, employers’ organisation or federation, the court may order that the funds of that trade union, employer’s organisation or federation be paid to the public trustee for disposal in accordance with the rules of that trade union, employer’s organisation or federation.

Section 42. Treasurer to render accounts Section 42(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 moneys. Section 42(2)(a) upon resigning or vacating office; Section 42(2)(a)(i) upon resigning or vacating office; Section 42(2)(a)(ii) at least once in every year at such time as may be specified by the rules of the trade union, employers’ organisation or federation; and Section 42(2)(a)(iii) at any other time required by a resolution of the members of the trade union, employers’ organisation or federation or by its rules; Section 42(2)(b) to the Registrar, when requested by the Registrar. Section 42(3)(a) all amounts received or paid by the official since assuming office or, if the official has previously rendered an account, since the date of the last account; Section 42(3)(b) the balance remaining in the possession of the official at the time of rendering the account; and Section 42(3)(c) all bonds, securities or other property of the trade...

Section 43. Annual returns Section 43(1)(a) all sums of money received by way of donations or grants from any local or overseas sources; Section 43(1)(b) a list of assistance received from any sources; and Section 43(1)(c) a list of the assets and liabilities of the trade union as at 31st December. Section 43(2) The statement specified under subsection (1) shall be accompanied by a copy of the auditor’s report and shall be prepared in such form and contain such particulars as may be prescribed. Section 43(3)(a) an inventory of the trade union or organisation’s assets; Section 43(3)(b) a copy of the rules in force, including all alterations and amendments to the rules, and of all new rules; and Section 43(3)(c) a list of all changes of officials during the preceding year. Section 43(4) Every member of a trade union, employers’ organisation or federation is entitled to receive, free of charge on request, a copy of the general statement referred to in subsection (1). Section 43(5)(a) fails to comply with any of the requirements of this section; Section 43(5)(b) willfully makes or orders, causes or procures to be made a false entry in or omission from a general statement, copy or list...

Section 44. Inspection of accounts and records Section an official or member of a trade union, employers’ organisation or federation at such times as may be specified in its constitution; and

Section 45. Obstructing inspection by Registrar Section 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.

Section 46. Power to require detailed accounts Section 46(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 such information as the Registrar may require. Section 46(2) A person who fails to comply with a request made by the Registrar under subsection (1) commits an offence.

Section 47. Misuse of money or property of a trade union Section 47(1)(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; and Section 47(1)(b) suspend any official who contravenes paragraph (a). Section 47(2)(a) the Registrar; or Section 47(2)(b) a member of a trade union, employers’ organisation or federation at the time of bringing the complaint of the trade union or employers’ organisation concerned.