Labour Law in Kenya
Sources and institutions of labour law in Kenya.
Sources of labour law are both international and national (the latter including the regulations established through the social partners themselves). Employment relations in Kenya are regulated by a number of sources: constitutional rights, statutory rights, as set out in statutes and regulations; rights set by collective agreements and extension orders of collective agreements; and individual labor contracts.
These legal sources are interpreted by the Industrial Court, and in some cases by the ordinary courts. A particularly important role to play has the tripartite Industrial Relations Charter that laid the foundation for an industrial relations system already prior to Kenya’s independence in 1963. International standards, especially ILO Conventions ratified by Kenya are used by the government and courts as guidelines, even though they are not binding.
Acts of Parliament in the realm of civil and criminal law, which have provisions that may have impact on individual and collective labor relations include the Contract Act, Local Government Act, Public Service Commission Act, the Children Act, laws concerning the Armed Forces, and legislation dealing with the establishment of parastatals.
The following Acts of Parliament form the labor legislation framework for the country: • Employment Act of 2007 • Regulation of Wages and Conditions of Employment Act (Cap. 229), - Industrial Training Act (Cap. 237), - Workmen’s Compensation Act (Cap. 236), - Shop Hours Act (Cap. 231), - Mombasa Shop Hours Act (Cap. 232), - Factories Act (Cap. 514), - Trade Unions Act (Cap. 233),- Trade Disputes Act (Cap. 234); • Companies Act (Cap. 486); • Bankruptcy Act (Cap. 53); • Merchant Shipping Act (Cap. 389); • Export Processing Zone’s Act (Cap. 547); • Immigration Act (Cap. 172); • Pension Act (Cap. 189); • Retirement Benefits Act (No. 3 of 1997); • National Social Security Fund Act
Sources of labour law are both international and national (the latter including the regulations established through the social partners themselves). Employment relations in Kenya are regulated by a number of sources: constitutional rights, statutory rights, as set out in statutes and regulations; rights set by collective agreements and extension orders of collective agreements; and individual labor contracts.
These legal sources are interpreted by the Industrial Court, and in some cases by the ordinary courts. A particularly important role to play has the tripartite Industrial Relations Charter that laid the foundation for an industrial relations system already prior to Kenya’s independence in 1963. International standards, especially ILO Conventions ratified by Kenya are used by the government and courts as guidelines, even though they are not binding.
Acts of Parliament in the realm of civil and criminal law, which have provisions that may have impact on individual and collective labor relations include the Contract Act, Local Government Act, Public Service Commission Act, the Children Act, laws concerning the Armed Forces, and legislation dealing with the establishment of parastatals.
The following Acts of Parliament form the labor legislation framework for the country: • Employment Act of 2007 • Regulation of Wages and Conditions of Employment Act (Cap. 229), - Industrial Training Act (Cap. 237), - Workmen’s Compensation Act (Cap. 236), - Shop Hours Act (Cap. 231), - Mombasa Shop Hours Act (Cap. 232), - Factories Act (Cap. 514), - Trade Unions Act (Cap. 233),- Trade Disputes Act (Cap. 234); • Companies Act (Cap. 486); • Bankruptcy Act (Cap. 53); • Merchant Shipping Act (Cap. 389); • Export Processing Zone’s Act (Cap. 547); • Immigration Act (Cap. 172); • Pension Act (Cap. 189); • Retirement Benefits Act (No. 3 of 1997); • National Social Security Fund Act