Labour Institutions Act

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Kenya
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Chapter 234
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English
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Legislation
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LAWS OF KENYA

LABOUR INSTITUTIONS ACT

CHAPTER 234

  • Published in Kenya Gazette Vol. CIX—No. 81 on 9 November 2007
  • Assented to on 22 October 2007
  • Commenced on 2 June 2008 by Legal Notice 62 of 2008
  1. [Amended by Employment and Labour Relations Court Act (Chapter 8E) on 30 August 2011]
  2. [Amended by Statute Law (Miscellaneous Amendments) Act, 2012 (Act No. 12 of 2012) on 12 July 2012]
  3. [Amended by Security Laws (Amendment) Act, 2014 (Act No. 19 of 2014) on 22 December 2014]
  4. [Amended by Statute Law (Miscellaneous Amendments) Act, 2018 (Act No. 18 of 2018) on 18 January 2019]
  5. [Amended by 24th Annual Supplement (Legal Notice 221 of 2023) on 31 December 2022]
  6. [Amended by The Statute Law (Miscellaneous Amendment) Act, 2023 (Act No. 19 of 2023) on 11 December 2023]
An Act of Parliament to establish labour institutions, to provide for their functions, powers and duties and to provide for other matters connected thereto

Part I – PRELIMINARY

1. Short title

This Act may be cited as the Labour Institutions Act.

2. [Spent]

3. Interpretation

In this Act, unless the context otherwise requires—"authorised officer" means a labour officer, employment officer or medical officer appointed under this Act;"Board" means the National Labour Board established under section 5;"Cabinet Secretary" means the Cabinet Secretary for the time being responsible for labour matters;"collective agreement" means a registered agreement concerning any terms and conditions of employment made in writing between a trade union and an employer, group of employers or employer’s organisation;"Commissioner for Labour" means the Commissioner for Labour appointed under section 30;"Committee of Inquiry" means a Committee of Inquiry appointed under section 28;"contract of service" means an agreement, whether oral or in writing, and whether express or implied, to employ or to serve as an employee for a period of time, and includes a contract of apprenticeship and indentured learnership but does not include a foreign contract of service made within Kenya and to be performed in full or in part outside Kenya, and any contract for service with a foreign State, except a contract for service entered into with, by or on behalf of the Government;"Director" means the Director of Employment appointed under section 30;"employee" means a person who has been employed for wages or a salary and includes an apprentice or indentured learner;"employer" means any person, including the Government, who employs or has employed an employee and where appropriate includes—(a)an heir, successor, assignee or transferor of an employer; or(b)an agent, director, or any person authorised to represent an employer;"employers’ organisation" means any number of employers associated together for the purpose whether by itself or with other purposes, of regulating relations between employers and their employees or the trade unions representing those employees;"Employment and Labour Relations Court" means the Employment and Labour Relations Court established by the Employment and Labour Relations Court Act (Cap. 8E);"employment agency" means—(a)any person, company, institution, agency or other organisation which acts as an intermediary for the purpose of procuring employment for a worker, but does not include newspapers or other publications unless they are published wholly or mainly for the purpose of acting as intermediaries between the employer and the worker; or(b)employment agencies not conducted with a view to profit, that is to say, the placing of services of any company, institution, agency or other organisation which, though not conducted with a view to deriving any pecuniary or other material advantage, levies from either employer or worker for the above services an entrance fee, a periodical contribution or any other charge;"employment record" means any record required to be kept by an employer;"federation" means a registered federation of trade unions or employers’ organisations;"labour law" means any Act dealing with labour matters;"medical officer" means—(a)a medical practitioner who is registered and licensed under the Medical Practitioners and Dentists Act (Cap. 253); or(b)a medical officer of a local authority appointed under the Public Health Act (Cap. 242);"Principal Judge" means the Principal Judge of the Employment and Labour Relations Court appointed under section 11;"redundancy" means the loss of employment, occupation, job or career by involuntary means through no fault of an employee, involving termination of employment at the initiative of the employer, where the services of an employee are superfluous as a result of practices commonly known as abolition of office, job or occupation;"Registrar of the Employment and Labour Relations Court" means the Registrar of the Employment and Labour Relations Court appointed under section 19;"Registrar of Trade Unions" means a Registrar of trade unions and includes a Deputy Registrar or an Assistant Registrar of Trade Unions appointed under section 31;"sector" means an industry or a service or part of an industry or a service;"trade union" means an association of employees whose principal purpose is to regulate relations between employees and employers, including an employer’s organisation.

4. Application

(1)This Act shall not apply to—(a)the defence forces or the reserve as respectively defined in the Kenya Defence Forces Act (Cap. 199);(b)the National Youth Service.
(2)The Cabinet Secretary may, on the recommendation of the Board and after taking account of all conventions and other international instruments ratified by Kenya, by order, exclude from the application of all or part of this Act limited categories of employed persons in respect of whom special problems of a substantial nature arise.
(3)The Cabinet Secretary may, after consultation with the Board, by order exclude from the application of all or part of this Act, categories of employed persons whose terms and conditions of employment are governed by special arrangements, provided those arrangements afford protection that is equivalent to or better than that part of the Act from which those categories are being excluded.

Part II – THE NATIONAL LABOUR BOARD

5. Establishment of the Board

There is established the National Labour Board.

6. Composition of the Board

(1)The Board shall consist of the following members appointed by the Cabinet Secretary, who shall be Kenyan citizens—(a)a chairperson who has experience and expertise in labour relation matters;(b)the General Secretary of the most representative federation of trade unions;(c)the Chief Executive of the most representative federation of employers’ organisation;(d)two persons appointed from nominees of the most representative federation of employers’ organisation dealing with labour matters;(e)two persons appointed from nominees of the most representative federation of trade unions;(f)not more than two other independent members;(g)the Director of Employment;(h)the Director of Micro and Small Enterprise Development;(i)the Director of Occupational Safety and Health Services;(j)the Director of Industrial Training;(k)the Registrar of the Employment and Labour Relations Court; and(l)the Registrar of Trade Unions.
(2)The provisions of the Schedule shall apply with respect to the Board.
(3)The Cabinet Secretary may on the advice of the Board, amend the Schedule.

7. Functions of the Board

(1)The functions of the Board are to advise the Cabinet Secretary on—(a)all matters concerning employment and labour;(b)legislation affecting employment and labour;(c)any matter relating to labour relations and trade unionism;(d)any issue arising from the International Labour Organisation and the International Labour Organisation Conventions;(e)codes of good practice;(f)any issue raised by an international or regional association of states of which Kenya is a member;(g)systems of labour inspection and the administration of the labour laws;(h)any aspect of public employment services, vocational guidance, vocational training and the employment of persons with disabilities;(i)the formation and development of policies designed to promote the granting of paid educational leave to workers for the purpose of training, trade union social and civic education and trade union education;(j)the general state of employment, training and manpower development in the country;(k)productivity measurement and improvement;(l)the appointment of wages councils;(m)the appointment of members of the Employment and Labour Relations Court;(n)the setting of compensation benefits in accordance with the provisions of the laws relating to work injury benefits;(o)the registration, suspension and deregistration of trade unions and employers organisations; and(p)any other matter related to any of the Board’s functions.
(2)The Cabinet Secretary shall, in consultation with the Board advise—(a)the Government on the issuing of immigration entry permits and work permits to non-citizens; and(b)the Chief Justice on the assignment of judges to the Employment and Labour Relations Court and the Rules of the Employment and Labour Relations Court.
(3)In the performance of its functions, the Board may conduct—(a)any investigation as it may consider necessary; and(b)research into labour, economic and social policy.
(4)The Board may co-opt any person to participate in its deliberations, but a person so co-opted shall have no right to vote at any meeting of the Board.
(5)The Board may determine its own procedure for the performance of its functions.
(6)The Secretary to the Board shall brief the Board at least once in every three months on the following issues—(a)the general state of the economy according to the Government;(b)labour market information and employment trends;(c)reported strikes and lockouts;(d)inflationary trends and indices;(e)the number of complaints and disputes lodged by employees against employers and by employers against employees under the law relating to labour relations and progress in the settlement of such complaints or disputes;(f)labour inspection services; and(g)any other issues determined by the Cabinet Secretary or the Board.

8. Committees of the Board

(1)The Board shall, in consultation with the Cabinet Secretary, establish the following committees—(a)Work Permits Committee;(b)National Manpower Development Committee;(c)Trade Disputes Committee;(d)Productivity Committee; and(e)such other committees or panels as are necessary for the performance of the Board’s functions.
(2)The Board may, with the approval of the Cabinet Secretary, co-opt into the membership of the committees established under this section other persons whose knowledge and expertise are necessary for the functions of the committees or the Board.

9. Remuneration of members

There shall be paid to the Chairperson and members of the Board such remuneration, fees or allowances for expenses as the Cabinet Secretary in consultation with the Cabinet Secretary in charge of Finance, may determine.

10. Secretary and officers of Board

The Commissioner for Labour—(a)shall be the secretary to the Board; and(b)may appoint such other officers as are necessary to assist the Board.

Part III – THE EMPLOYMENT AND LABOUR RELATIONS COURT

11. [Repealed by Act No. 20 of 2011, s. 31.]

12. [Repealed by Act No. 20 of 2011, s. 31.]

13. [Repealed by Act No. 20 of 2011, s. 31.]

14. [Repealed by Act No. 20 of 2011, s. 31.]

15. [Repealed by Act No. 20 of 2011, s. 31.]

16. [Repealed by Act No. 20 of 2011, s. 31.]

17. [Repealed by Act No. 20 of 2011, s. 31.]

18. [Repealed by Act No. 20 of 2011, s. 31.]

19. [Repealed by Act No. 20 of 2011, s. 31.]

20. [Repealed by Act No. 20 of 2011, s. 31.]

21. [Repealed by Act No. 20 of 2011, s. 31.]

22. [Repealed by Act No. 20 of 2011, s. 31.]

23. [Repealed by Act No. 20 of 2011, s. 31.]

24. [Repealed by Act No. 20 of 2011, s. 31.]

25. [Repealed by Act No. 20 of 2011, s. 31]

26. [Repealed by Act No. 20 of 2011, s. 31.]

27. [Repealed by Act No. 20 of 2011, s. 31.]

Part IV – COMMITTEE OF INQUIRY

28. Appointment of Committee of Inquiry

(1)The Cabinet Secretary, may by notice in the Gazette, appoint a Committee of Inquiry to inquire into any matter which appears to the Cabinet Secretary to be connected with or relevant to any trade dispute or to trade disputes in general, or to trade disputes of any type or class, whether or not any such dispute has been reported to the Cabinet Secretary under this Act.
(2)Where the Cabinet Secretary has referred any matter to the Committee of Inquiry under subsection (1), the Cabinet Secretary may refer to the Committee of Inquiry any other matter which in his opinion ought to be so referred.
(3)A Committee of Inquiry shall consist of three or more persons including a Chairperson, as the Cabinet Secretary deems fit to appoint and the Cabinet Secretary may appoint a public officer to be the secretary of the Committee of Inquiry.
(4)A Committee of Inquiry consisting of three or more persons may act notwithstanding any vacancy in their number.

29. Report of Committee of Inquiry

(1)A Committee of Inquiry shall inquire into and report on any matter referred to it under section 28 and shall submit a report on the matter to the Cabinet Secretary.
(2)Subject to section 24, the Cabinet Secretary may order the publication of any report made by a Committee of Inquiry in whole or in part and in such manner and at such time as the Cabinet Secretary deems fit.

Part V – LABOUR ADMINISTRATION AND INSPECTION

30. Appointment of Commissioner for Labour, Director of Employment and other officers

(1)Subject to the laws governing the public service, there shall be appointed—(a)a Commissioner for Labour;(b)a Director of Employment; and(c)such other officers as may be necessary for purposes of administration of laws relating to labour and employment.
(2)The Cabinet Secretary may designate officers appointed under subsection (1)(c)—(a)labour officers;(b)employment officers; or(c)medical officers.
(3)The persons appointed under subsections (1) and (2) shall be authorised officers for purposes of this Act.

31. Appointment of Registrar, deputy registrar and assistant registrars of trade unions

(1)The Cabinet Secretary shall appoint a Registrar of Trade Unions who shall be responsible for the registration and regulation of trade unions, employers’ organisations and federations.
(2)The Cabinet Secretary may appoint a deputy registrar of trade unions, assistant registrars of trade unions and such other officers as may be required for the purposes of this Act.
(3)The Registrar of Trade Unions shall, in the exercise of his powers relating to the registration and regulation of trade unions, act on the advice of the Board.

32. Delegation

(1)The Commissioner for Labour may, in writing, delegate to any labour officer any of the Commissioner’s powers, functions and duties.
(2)The Director of Employment may in writing, delegate to any employment officer any of the Director’s powers, functions and duties.
(3)The Registrar of Trade Unions may, in writing delegate to the Deputy Registrar or Assistant Registrars any of the Registrar’s powers, functions and duties.
(4)The Commissioner for Labour, the Director of Employment, and the Registrar of Trade Unions, as the case may be, may—(a)attach conditions to a delegation and may amend or revoke a delegation at any time; and(b)vary or set aside any decision made by a person acting on delegation under subsections (1), (2) and (3).

33. Certificate of authority for authorised officer

(1)Every authorised officer shall be issued with a certificate of authority by—(a)the Commissioner for Labour, in the case of a labour officer;(b)the Director of Employment, in the case of an employment officer; and(c)the Director of Medical Services, in the case of a medical officer.
(2)When performing duties under this Act, an authorised officer, if reasonably requested to do so by any person affected, shall produce his certificate of appointment to that person.

34. Powers of entry to premises by authorised officer

(1)An authorised officer may, either alone or in the presence of another person, enter any premises or place where persons are, or may be, employed for the purpose of performing his duties as specified under this Act or any other labour law.
(2)An authorised officer shall, on the occasion of an inspection or visit authorised by or under the provisions of this Act, notify the employer or his representative of his presence for that purpose at the first practicable opportunity, unless it is considered by the authorised officer concerned that the notification may be prejudicial to the performance of his duties or otherwise likely to defeat the object thereof.

35. Powers of labour officer

(1)A labour officer may, for the purpose of monitoring or enforcing compliance with any labour law—(a)require the production of wage sheets or other employment records kept by an employer, and records of payments made to outworkers by persons giving out work, and any other such records as are required by any labour law or wages order to be kept by employers, and to inspect and examine those sheets or records and copy any material part thereof;(b)require any person giving out work and any out-worker to give any information which is in that person’s power to give with respect to the names and addresses of the persons to whom the work is given or from whom the work is received and with respect to the payments to be made for the work;(c)inspect and copy any material part of any list of outworkers kept by an employer or other person giving out work to outworkers; and(d)examine, either alone or in the presence of any other person, with respect to any matter under Part VI, any person whom the labour officer has reasonable cause to believe to be or to have been an employee to whom a wages order applies or applied or the employer of any such person or a servant or agent of the employer employed in the employer’s business, and to require every such person to be so examined and to sign a declaration of the truth of the matters in respect of which he is so examined:Provided that no person shall be required to give any information that incriminates him;(e)at all reasonable times, enter, inspect and examine any land or building, other structure, whether permanent or temporary on or in which the labour officer has reasonable ground to believe that an employee is residing or is employed, and may make such inquiry, inspection or examination as may be necessary to enable the labour officer to determine whether the provisions of this Act or any other labour law are being complied with;(f)at all reasonable times, require an employer to produce an employee employed by him and a document relating to the employment of any employee, and may require an employee to produce any document relating to the employee’s employment;(g)examine and make copies of a register, record, book or other document relating or appearing to relate to employment, and seize any register, record, book or other document which he has reasonable ground to believe to be or to contain evidence of an offence under this Act or any other labour law;(h)enter, inspect and examine all latrines and other sanitary arrangement or water supply;(i)inspect and examine all food provided or appearing to be provided for the employees, and take samples thereof in duplicate, in the presence of the employer or the employers representative which samples shall be sealed and one sample so sealed shall be left with the employer;(j)order that all buildings and premises where employees are housed or employed be kept in a clean and sanitary condition;(k)without prejudice to the powers of the Director of Public Prosecutions, institute proceedings in respect of any contravention of any provision of this Act or for any offence committed by an employer under this Act or any other labour law;(l)institute an appeal on behalf of any employee in any civil proceedings by an employee against his employer in respect of any matter, thing or cause of action arising out of or in the course of the employment, whether such civil proceedings are contemplated or instituted by the employee himself or are civil proceedings ordered by a magistrate;(m)without prejudice to the institution of proceedings in respect of any offence, to take into custody and return to his parent or guardian, or other person whom he is satisfied has for the time being the charge of or control over him, any child whom he reasonably suspects to be employed in contravention of any of the provisions of the law relating to employment.
(2)Where a labour officer seizes a register, record, book or other document in the performance of the labour officer’s duties under subsection (1)(g), the labour officer shall give to the employer or his representative a receipt in respect of such register, record, book or other document in the prescribed form.[Act No. 19 of 2023, Sch.]

36. Powers of employment officer

(1)An authorised officer may, for the purposes of collecting labour market data, exercise the powers conferred upon a labour officer by section 25(1)(a) to (c), (f) and (g).
(2)Where an employment officer seizes a register, record, book or other document in the performance of the employment officers’ duties, the employment officer shall give to the employer or his representative a receipt in respect of such register, record, book or other document in the prescribed form.

37. Powers of medical officer

A medical officer may, for the purposes of this Act, exercise the powers conferred upon a labour officer by section 35(1)(e) to (i) inclusive and may, in addition—(a)order an employee who, in the opinion of the medical officer, is sick and for whom the conditions prevailing at the place of employment are not conducive to the rapid recovery of his health or strength, to return to the place of work or to proceed to hospital, and in that case the employer shall at the earliest opportunity and at his own expense send the employee to the place of work or to a hospital, as the case may be;(b)condemn any food provided for employees which, in the opinion of the medical officer, is unfit for human consumption, and all food so condemned shall be destroyed forthwith in the presence of the medical officer;(c)order at the expense of the employer, such variety of food for an employee as he may deem necessary:Provided that the cost of the food supplied under any such order shall not exceed the normal cost of rations ordinarily supplied by employers to employees in that district at the time;(d)condemn any building or other structure whether permanent or temporary in which an employee is residing or is employed, if in the opinion of the medical officer it is unfit by reason of its construction, situation or condition for the purpose to which it is put, whereupon it shall not be used for that purpose until a medical officer has subsequently certified that it may be used for that purpose;(e)order the employer to supply an employee working under a written contract of service with one or more blankets or with clothing, and in that case, the reasonable cost thereof shall be paid by the employee and may be deducted from the remuneration for the employee, and until the cost has been paid by, or deducted from, the wages of the employee, the blanket or blankets or clothing supplied shall remain the property of the employer; or(f)inspect all drugs and medicine provided for the use of employees.

38. Obstructing an authorised officer

A person who—(a)wilfully obstructs or hinders an authorised officer in the exercise of any power conferred by this Act or any rules made under this Act; or(b)neglects or fails to comply with any requirement or order made or given by an authorised officer in pursuance of any power conferred by this Act or any rules made under this Act,commits an offence and shall on conviction be liable to a fine not exceeding one hundred thousand shillings or to, for a term not exceeding six months or to both.

39. Offences by companies, etc.

(1)Where an offence under this Act is committed by a company, association or body of persons, corporate or incorporate or by a public body, and the offence is proved to have been committed with the consent or connivance, or to have been facilitated by any neglect on the part of any director, Chairperson, manager, secretary or other officer employed by such company or association or body of persons or public body, that director, Chairperson, manager, secretary or other officer shall be deemed to have committed an offence.
(2)In any proceedings under this Act, it shall be sufficient in the charge or information to allege the nature of any employment to which the charge relates and to state the name of the ostensible employer and the burden of proving that the employment is not such as alleged or that the employers specified in the charge or information is not the actual employer shall lie upon the person or public body alleging that fact.

40. Evidence

Where an entry is required by this Act to be made in a register or written record, the entry made by an employee or on his behalf shall be admissible as evidence of the fact therein stated.

41. Confidentiality

(1)Any authorised officer or other person who is or has been engaged in the administration of this Act, who discloses, except for the purposes of the exercise of his functions or when required to do so by a court or under any written law, any information acquired by him in the exercise or purported exercise of his functions under this Act to any other person commits an offence and shall on conviction be liable to a fine not exceeding one hundred thousand shillings or to imprisonment for a term not exceeding six months, or to both.
(2)Subsection (1) shall not apply to a disclosure of any information made—(a)for the purpose of any criminal proceedings;(b)for the purpose of the proper administration of this Act; or(c)in accordance with any written law.

42. Annual report

(1)The Commissioner for Labour and the Director of Employment shall, not later than the thirtieth of April in each year, prepare and publish an annual report of the activities undertaken in their respective departments.
(2)Without limiting what may be included in the report of the Commissioner for Labour, the report shall cover the following matters—(a)development with regard to relevant laws and regulations;(b)the staff under the jurisdiction of the Commissioner for Labour;(c)statistics of places of work to be inspected and number of workers employed therein;(d)findings in the course of inspection;(e)statistics of industrial accidents and occupational diseases;(f)statistics of persons with disabilities in work places and any aids being provided by the employer;(g)statistics of proceedings brought before the Employment and Labour Relations Court or other courts and their disposal; and(h)statistics of stoppages of work in various sectors of the industry.
(3)Without limiting what may be included in the report of the Director, the report shall cover the following issues—(a)the staff under the jurisdiction of the Director;(b)productivity level; and(c)labour market information and employment trends.

Part VI – WAGES COUNCILS

43. Establishment of wages councils

(1)The Cabinet Secretary, shall establish—(a)a General Wages Council;(b)an Agricultural Wages Council; and(c)an Export Processing Zones Wages Council.
(2)The Cabinet Secretary may, after consultation with the Board, in addition to the General Wages Council established under subsection (1), establish a Sectoral Wages Council if the Cabinet Secretary is of the opinion that—(a)the remuneration and other conditions of employment of any category of employees in any sector is not adequately regulated by collective agreements; and(b)it may be expedient to set minimum wages and other conditions of employment in respect of employees in those sectors.
(3)The terms of reference of a wages council appointed under subsection (2) may be in respect of—(a)employees in a sector, or part of a sector, either nationally or within a specific area; or(b)one or more specified categories of employees, either nationally or within specific sectors or areas.
(4)The Cabinet Secretary shall establish a wages council by notice in the Gazette—(a)specifying the terms of reference of the wages council;(b)the names of persons appointed as members of the wages council;(c)stipulating the period in which the wages council is required to investigate and prepare a report for the Cabinet Secretary; and(d)inviting representations from interested parties.
(5)A wages council shall consist of the following members appointed by the Cabinet Secretary—(a)a chairperson;(b)not more than three members nominated by the Board representing trade unions;(c)not more than three members nominated by the Board representing employers; and(d)not more than three independent members.
(6)A member nominated under subsection (5)(a) and (d) shall have knowledge and experience in the determination of minimum terms and conditions of employment.
(7)The Agricultural Wages Council may recommend to the Cabinet Secretary, minimum remuneration and conditions of employment of employees employed—(a)in the agricultural sector; or(b)any sector in which no other wages order is applicable.
(8)A wages council may be appointed for a period of three years.
(9)The Cabinet Secretary may, after consultation with the Board, vary a notice issued under this section.[Act No. 18 of 2018, Sch.]

44. Functions of wages council

The functions of a wages council are to—(a)investigate the remuneration and conditions of employment in any sector;(b)invite and consider written and oral representations, in the prescribed manner, from interested parties; and(c)make recommendations to the Cabinet Secretary on minimum wage remuneration and conditions of employment.
(2)Recommendations made to the Cabinet Secretary in accordance with subsection (1)(c) may include recommendations on any matter that the Cabinet Secretary may include in a wages order.
(3)In the performance of its functions, a wages council may—(a)question any person who may be able to provide information relevant to the investigation;(b)in writing, require any person to provide any information, book, document or object relevant to the investigation; or(c)conduct public hearings.
(4)A person who without lawful excuse refuses to—(a)answer any question relevant to an investigation; or(b)furnish any information, book or document requested by a wages council,commits an offence.
(5)In the performance of its functions under this section, a wages council shall take into consideration—(a)the needs of employees and their families, taking into account the general level of wages in the country, the cost of living, social security benefits and the relative living standards of other social groups;(b)economic factors, including the requirements of economic development, levels of productivity and the desirability of attaining and maintaining a high level of employment and the need to encourage investment;(c)the ability of employers to carry on their business successfully;(d)the operation of small, medium and micro enterprises;(e)the cost of living;(f)the alleviation of poverty;(g)the minimum subsistence level;(h)the likely impact of any proposed conditions of employment on current employment or the creation of employment; and(i)any other relevant factor.

45. Publication of draft wages order

(1)Before publishing a wages order in the Gazette, the Cabinet Secretary shall publish a notice—(a)specifying that the Cabinet Secretary proposes to make a wages order;(b)specifying where copies of a draft of the wages order can be obtained; and(c)inviting comments within a reasonable period on the draft wages order, which may not be less than thirty days from the publication of the notice.
(2)The notice specified under subsection (1) shall be published—(a)in the Gazette; and(b)at least twice, with an interval of at least seven but not more than fourteen days between each publication, in a newspaper with a wide circulation.
(3)Any person may submit written comments on a draft wages order within the specified period.
(4)A person who objects to any part of a draft order shall set out—(a)the specific grounds of objection; and(b)the deletions, additions or modifications proposed.
(5)If no objections are received, the Cabinet Secretary may publish a wages order in accordance with section 46.
(6)If objections are received, the Cabinet Secretary—(a)shall refer the objections to the proposed wages order and any other comments submitted within the specified time period to the wages council for consideration; and(b)may request the Board to consider and advise on the objections.

46. Publication of wages order

(1)The Cabinet Secretary may, after considering any further report of the wages council and any further advice from the Board, publish a wages order.
(2)A wages order shall be—(a)published in the Gazette; and(b)be laid before the National Assembly within twenty-one days of publication.
(3)On publishing a wages order, the Cabinet Secretary shall also publish notices in a newspaper in accordance with section 45(2)(b) advising persons where a copy of the wages order can be obtained.

47. Contents of wages order

(1)A wages order shall—(a)set minimum rates of remuneration;(b)specify the matters in which an employer may make deductions from employee’s wages and specify the maximum amount of deductions;(c)specify the maximum amount which may be deducted from an employee’s wages in respect of rations supplied by the employer;(d)provide that an employer may only make a deduction in respect of rations supplied if authorised in writing by a labour officer;(e)regulate task based work and piece work;(f)regulate outwork, casual work and contract work;(g)set minimum standards of sanitation for employees who reside on the premises of their employer; and(h)regulate any other matter concerning remuneration or conditions of employment.
(2)A wages order may—(a)make different provisions for different classes of employees; and(b)contain provisions for the amendment or revocation of previous wages orders.

48. Wages Order to constitute minimum terms of conditions of employment

(1)Notwithstanding anything contained in this Act or any other written law—(a)the minimum rates of remuneration or conditions of employment established in a wages order constitute a term of employment of any employee to whom the wages order applies and may not be varied by agreement;(b)if the contract of an employee to whom a wages order applies provides for the payment of less remuneration than the statutory minimum remuneration, or does not provide for the conditions of employment prescribed in a wages regulation order or provides for less favourable conditions of employment, then the remuneration and conditions of employment established by the wages order shall be inserted in the contract in substitution for those terms.
(2)An employer who fails to—(a)pay to an employee to whom a wages regulation order applies at least the statutory minimum remuneration; or(b)provide an employee with the conditions of employment prescribed in the order,commits an offence.
(3)If an employer is found guilty of an offence under subsection (2), the court may in addition to any other penalty order the employer to pay the employee the difference between the amount which ought to have been paid in terms of the wages order and the amount which was actually paid.
(4)Where proceedings are brought under subsection (2) in respect of an offence consisting of a failure to pay remuneration at the statutory minimum remuneration or to provide an employee with the conditions of employment prescribed in the order, then—(a)if an employer is found guilty of the offence, evidence may be given of any like contravention on the part of the employer in respect of any period during the twelve months immediately preceding the date of the offence; and(b)on proof of such contravention, the court may order the employer to pay the difference between the amount which ought to have been paid during that period to the employee by way of remuneration and the amount actually paid:Provided that evidence shall not be given under paragraph (a) unless notice of intention to give such evidence has been served upon the employer together with the summons, warrant, information or complaint.
(5)The powers given by this section for the recovery of sums due from an employer to an employee shall be in addition to and not in derogation of any right to recover such sums by civil proceedings:Provided that no person shall be liable to pay twice in respect of the same cause of action.

49. Power of officers to institute proceedings

Notwithstanding any provision of any written law, a labour officer may institute proceedings on behalf of and in the name of an employee for the recovery of a sum due from an employer to an employee by reason of the failure of the employer to—(a)pay to the employee the statutory minimum remuneration; or(b)provide an employee with the conditions of employment prescribed in the order.

50. Meaning of remuneration

(1)Any reference in this Part to remuneration shall be construed as a reference to the amount paid or to be paid in cash to the employee by his employer clear of any deductions, except any deduction lawfully made—(a)for the purpose of a contribution to any provident fund or superannuation scheme;(b)in respect of rations supplied by an employer which the employer is permitted to make under a wages order;(c)under any provision of any other written law for the time being in force which provides for or permits deductions to be made from an employee’s wages by the employer; or(d)at the request in writing of the employee, for any purpose in which the employer has no direct or indirect beneficial interest.
(2)Any reference in this Part to the "statutory minimum remuneration" means the minimum remuneration prescribed in a wages order.

51. Employee waiting for work on employer’s premises

For the purpose of calculating the amount due to an employee employed in any occupation in respect of which a wages order has been made, the employee shall be deemed to have been employed for all the time during which the employee was present on the premises of the employer if it is proved to the satisfaction of the court that the employee was required to be present by the employer:Provided that—(a)an employee who resides on the premises of the employer shall not be deemed to be employed for any time during which the employee is present on the premises by reason only of the fact that he is so resident; and(b)an employee while present during normal meal times in a room or place in which no work is being done shall be deemed to be present for a purpose not connected with his employment.

52. Employer not to receive premium

(1)Where an employee to whom a wages order applies is an apprentice or an indentured learner, his employer shall not receive directly or indirectly from him, on his behalf or on his account, any payment in the form of a premium:Provided that nothing in this subsection shall apply to any payment made in pursuance of any instrument of apprenticeship if such payment is made—(a)not later than four weeks after the commencement of the apprenticeship; or(b)at any time with the approval of a wages council.
(2)An employer who contravenes this section commits an offence and the court may, in addition to imposing a fine, order him to pay to the employee or other person by whom the payment was made the sum improperly received in the form of a premium.

53. Records and notices

(1)The employer of employees to whom a wages order applies shall—(a)keep such records as are necessary to show whether or not the employer is complying with the wages order; and(b)retain the records for at least three years after the date of the last entry therein.
(2)An employer shall—(a)exhibit in the prescribed language and manner such notices as may be prescribed for the purpose of informing employees of any proposed wages order or wages order affecting them; and(b)give notice in the prescribed manner, to the employees of any other matters as may be prescribed.
(3)An employer who contravenes this section commits an offence.

54. Criminal liability of agent, employer

(1)Where the immediate employer of an employee is himself in the employment of another person and that employee is employed on the premises of that other person, that other person is for the purposes of this Part deemed to be the employer of that employee jointly with the immediate employer.
(2)Where an employer is charged with an offence under this Part, he shall be entitled, upon information duly laid by him and on giving to the prosecution not less than three days’ notice in writing of his intention, to have any other person to whose act or default he alleges that the offence in question was due, brought before the court at the time appointed for the hearing of the charge.
(3)If—(a)after commission of the offence has been proved the employer proves that the offence was due to the act or the default of that other person, that other person may be convicted of the offence; or(b)the employer further proves that he has used all due diligence to ensure that he complied with the provisions of this Act, he shall be acquitted.
(4)Where an employer seeks to rely on the provisions of subsection (2)—(a)the prosecution, as well as the person whom the employer claims to have committed the offence, shall have the right to cross-examine him if he gives evidence and to cross-examine any witnesses called by him in support of his case and to call rebutting evidence; and(b)the court may make such order as it deems fit for the payment of costs by any party to the proceedings to any other party thereto.
(5)Where it appears to a labour officer that an offence has been committed in respect of which proceedings might be taken under this Part against an employer, and the officer is reasonably satisfied that the offence of which complaint is made was due to an act or default of another person and that the employer could establish a defence under subsections (2) and (3), the officer may cause proceedings to be taken against that other person without first causing proceedings to be taken against the employer; and in any such proceedings the defendant may be charged with and, on proof that the offence was due to his act or default, be convicted of the offence with which the employer might have been charged.

54A. Establishment of an Inter-ministerial Committee

(1)There is established an Inter-ministerial Committee consisting of officers from—(a)the Ministry responsible for immigration;(b)the Ministry responsible for labour;(c)the Ministry responsible for security;(d)the Attorney-General; and(e)the Ministry responsible for foreign affairs.
(2)The officer from the Ministry responsible for labour shall be the chairperson of the Inter-ministerial Committee.[Act No. 19 of 2014, s. 42.]

54B. Functions of the Inter-ministerial Committee

The Inter-ministerial Committee shall be responsible for—(a)advising the Cabinet Secretary responsible for labour on matters related to work permits in relation with security issues; and(b)vetting the application for registration made by employment bureaus and agencies.[Act No. 19 of 2014, s. 42.]

54C. Requirement for approval by the Inter-Ministerial Committee

Every employment bureau or agency shall be required to seek and obtain government approval prior to sending Kenyan Citizens for employment outside Kenya and for employment of foreigners within Kenya.[Act No. 19 of 2014, s. 42.]

Part VII – EMPLOYMENT AGENCIES

55. Registration of employment agencies

(1)The Director shall—(a)keep a register of employment agencies which have been registered under this Act; and(b)perform such other functions as are imposed or conferred upon the Director by this Act or any other written law.
(2)No person shall unless the person is registered under this Act—(a)carry out business as an employment agency; or(b)charge or recover any payment in connection with the procurement of employment through an employment agency.[Act No. 12 of 2012, Sch.]

56. Application for registration

(1)An application for the registration of an employment agency shall be made to the Director in the prescribed form.
(2)The applications for registration made under subsection (1) shall be vetted by the Inter-Ministerial Committee established under section 54A.
(3)Upon an application made to the Director as specified in subsection (1), and after consultation with the Board, the Director shall grant the application and issue a certificate of registration to the applicant if satisfied that—(aa)the applicant has satisfied the vetting process under section 54A;(a)the applicant is qualified to own and manage an employment agency; and(b)the premises where the employment agency will carry out its business are suitable for use as an employment agency.
(4)The Director may have regard to any other relevant matters in deciding whether the application should be granted.
(5)The Director may refuse to grant an application made under this Act and give reasons for his refusal.
(6)A certificate of registration shall specify—(a)the name of the person to whom the certificate is issued;(b)the premises at which the business is to be conducted;(c)the period for which the certificate shall be in force;(d)the area, including any foreign country, in respect of which the business may be conducted;(e)the class or classes of person or employment in respect of which the business may be conducted; and(f)any conditions subject to which the business may be conducted.
(7)The Director may cancel the registration of an employment agency or vary the terms or conditions of any certificate of registration—(a)after due inquiry and for good cause, if the Director has notified the holder of the certificate of his intention to do so, and has given the holder the opportunity to make presentations to him, and has considered any representations which the holder has made; or(b)on the application of the holder of the certificate.
(8)Any person aggrieved by a decision of the Director made in the exercise of his functions under this section may appeal against such decision to the Employment and Labour Relations Court.[Act No. 19 of 2014, s. 43.]

57. Duties of persons operating employment agencies

(1)Every person who operates or is in charge of an employment agency registered under this Act shall—(a)retain any record which, by regulations made under this Act, he is required to keep for a period of three years subsequent to the occurrence of the event recorded;(b)on demand by an employment officer made at any reasonable time during the period of three years specified in subregulation (3), produce the said record for inspection;(c)furnish to the Director such statistical information at such times and in such manner as may be prescribed.
(2)No person shall charge or receive in respect of anything done or to be done at an employment agency—(a)any fee or other payment or reward at a rate higher than that which may, from time to time, be prescribed for any particular area and class of business; or(b)any fee or other payment or reward, unless provision has been made for the charging of such fee, payment or reward in regulations made under this Act:Provided that this subsection shall not apply to a business consultant carrying on business at the same place as an employment agency in respect of anything done in the course of such business other than the procurement of employment for clients.

58. Powers of employment officers

(1)An employment officer may, without notice and at any reasonable time during the day, enter upon any premises of an employment agency for the purpose of conducting any search therein where there are reasonable grounds for believing that such entry or search is necessary for the prevention, investigation or detection of an offence in terms of this Part.
(2)In the exercise of the powers conferred upon an employment officer by subsection (1), an employment officer may—(a)require a person conducting an employment agency to produce any books or documents which relate to his business and which are or have been in his premises or in his possession or custody, or under his control;(b)at any place require any person who has the possession, custody or control of any books or documents relating to the business of any person who is or was conducting an employment agency, to produce the books or documents;(c)examine and make extracts from, and copies of, any books or documents referred to in paragraph (a) or (b);(d)require an explanation of any entry in any books or documents referred to in paragraph (a) or (b); or(e)seize any book or document referred to in paragraph (a) or (b) that in his opinion, may afford evidence of the commission of an offence under this Act.
(3)An employment officer shall in the exercise of powers conferred by the subsection (2), exercise such reasonable care as to ensure that the smooth and efficient running of an employment agency is not unduly interfered with.
(4)Every employer whose premises are used as an employment agency, and every person employed by him, shall at all reasonable times during the day, furnish such reasonable facilities as may be required by an employment officer for entering the premises for the purpose of inspecting or examining the books and documents kept on the premises, or for making any inquiry in relation thereto.
(5)No person shall—(a)make a false statement—(i)in any representation to an employment officer; or(ii)when giving evidence to or before an employment officer investigating a case under this section which that person knows to be false in any material particular; or(b)refuse to answer any question which an employment officer, in the exercise of his functions under this section, asks him;(c)refuse to comply, to the best of his ability, with any requirement made by an employment officer in the exercise of his functions under this section; or(d)hinder an employment officer in the exercise of his functions under this section.

59. Offences

(1)A person who does not comply with—(a)any provision of this Part; and(b)the terms or conditions of any certificate of registration issued under section 56(2),commits an offence.
(2)Notwithstanding subsection (1), nothing done to prevent any disruption in the smooth and efficient running of an employment agency shall be held to be in contravention of section 58(4).

60. Regulations

(1)The Cabinet Secretary may make regulations necessary for the purpose of giving effect to, or for the better administration, of this Part.
(2)Regulations made under subsection (1) may provide for—(a)the form in which an application is to be made for a certificate of registration;(b)the fee to be paid for a certificate of registration or copies thereof;(c)the fees which may be charged in respect of the business of an employment agency;(d)the surrender of certificates of registration where the conditions thereof are to be varied or where such certificates are to be cancelled;(e)the records to be kept in respect of an employment agency;(f)the qualification of the proprietor or persons running the employment agency; and(g)the nature and form of security to be given by the proprietor of the employment agency for any recruitment of employees under this Part.

Part VIII – MISCELLANEOUS PROVISIONS

61. General penalty

A person who contravenes any provision of this Act for which no penalty is specifically provided shall be liable to a fine not exceeding fifty thousand shillings or, to imprisonment for a term not exceeding three months, or to both.

62. Rules

The Cabinet Secretary may, after consultation with the Board, make rules for the better carrying into effect of the provisions of this Act, and in particular but without prejudice to the generality of the foregoing may—(a)prescribe anything which under this Act is to be or may be prescribed; or(b)provide for the powers of a wages council to enforce the attendance of witnesses and to take evidence on oath or otherwise on any matter concerned with the subject of an inquiry under this Act;

63. [Spent]

64. Existing laws

Any written law relating to the regulation of labour matters shall have effect subject to modification as may be necessary to give effect to this Act, and where the provisions of any law conflict with the provisions of this Act, the provisions of this Act shall prevail.

SCHEDULE [s. 6(3)]

PROVISIONS RELATING TO THE CONDUCT OF BUSINESS AND AFFAIRS OF THE BOARD

1.Tenure of office and conduct of business of the Board
(1)The Chairperson of the Board shall hold office for a term of three years and shall be eligible for re-appointment for one further term of three years.
(2)Other than ex officio members, a member of the Board shall, subject to the provisions of this section, hold office for a period not exceeding three years on such terms and conditions as may be specified in the instrument of appointment, and shall be eligible for re-appointment for one further term of three years.
(3)A member other than the Chairperson or an ex officio member may—(a)at any time resign from office by notice in writing to the Cabinet Secretary;(b)be removed from office by the Cabinet Secretary if the member—(i)has been absent from three consecutive meetings of the Board without the permission of the Chairperson;(ii)is adjudged bankrupt or enters into a composition scheme or arrangement with his creditors;(iii)is convicted of an offence involving fraud or dishonesty;(iv)is convicted of a criminal offence and sentenced to imprisonment for a term exceeding six months or to a fine exceeding ten thousand shillings;(v)is incapacitated by prolonged physical or mental illness;(vi)is found to have acted in a manner prejudical to the aims and objectives of this Act;(vii)fails to comply with the provisions of this Act relating to disclosure; or(viii)is otherwise unable or unfit to discharge his functions as a member of the Board.
(4)The Cabinet Secretary may remove a member nominated by a federation of trade unions or employers only after consultations with the federation that nominated the member.
(5)If a member of the Board is removed under subsection (4), the Cabinet Secretary shall fill the vacancy from nominations submitted by the federation that made the initial nomination.
2.Meetings of the Board
(1)The Board shall meet no less than four times in every financial year, and no more than four months shall elapse between the date of one meeting and the date of the next meeting:Provided that the Chairperson may call a special meeting of the Board at any time where the Chairperson deems it expedient for the transaction of the business of the Board.
(2)Other than a special meeting, or unless three quarters of members agree, at least fourteen days’ written notice of every meeting of the Board shall be given to every member of the Board by the Secretary.
(3)The quorum for the conduct of business of the Board shall be half of the members’ and unless a unanimous decision is reached, decisions shall be by a majority vote of the members present, and in the case of an equality of votes, the Chairperson or the person presiding shall have a casting vote.
(4)The Chairperson shall preside over all meetings of the Board, in which the Chairperson is present, but in his absence, the vice-Chairperson shall preside, and in his absence the members present shall elect one of their number who shall, with respect to that meeting and the business transacted thereat, have all the powers of the Chairperson.
(5)At the first meeting of the Board, the members shall elect a vice-Chairperson, not being a public servant, from among its members.
3.Disclosure of interests
(1)If a member is directly or indirectly interested in any contract, proposed contract or other matter before the Board and is present at the meeting of the Board at which the contract, proposed contract or matter is the subject of consideration, that member shall, at the meeting and as soon as practicable after the commencement thereof, disclose that fact and shall be excluded at the meeting at which the contract, proposed contract or matter is being considered.
(2)A disclosure for interest made under this section shall be recorded in the minutes of the meeting at which it is made.
4.Board may regulate procedureSave as provided in this Schedule, the Board may regulate its own procedure.
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Cited documents 4

Legislation 4
  1. Employment and Labour Relations Court Act
  2. Medical Practitioners and Dentists Act
  3. Public Health Act
  4. Regulation of Wages and Conditions of Employment Act

Documents citing this one 118

Judgment 114
  1. Abuya v Principal Secretary, Ministry of Health (Cause E565 of 2020) [2023] KEELRC 3262 (KLR) (7 December 2023) (Judgment)
  2. Akumu v Board of Management Kanyamedha Mixed Secondary School (Cause 92 of 2018) [2023] KEELRC 1038 (KLR) (27 April 2023) (Judgment)
  3. Arodi v Modern Western Coach (Cause 24 of 2017) [2022] KEELRC 12943 (KLR) (26 October 2022) (Judgment)
  4. Ashira & 6 others (All suing on behalf of the proposed Kenya Environmental Health and Public Health Practitioner’s Union) v Registrar of Trade Unions; Public Health Officers and Technicians Council & 2 others (Interested Parties) (Appeal E144 of 2021) [2022] KEELRC 13311 (KLR) (30 November 2022) (Judgment)
  5. Banking Insurance and Finance Union (K) v Thamani Savings and Credit Society Limited (Cause E324 of 2023) [2024] KEELRC 773 (KLR) (20 March 2024) (Judgment)
  6. Cerapack Products Limited v Makau (Employment and Labour Relations Appeal E100 of 2022) [2023] KEELRC 1695 (KLR) (6 July 2023) (Judgment)
  7. Chaworo v Benori Guard Services Limited (Employment and Labour Relations Cause 829 of 2017) [2024] KEELRC 278 (KLR) (13 February 2024) (Judgment)
  8. Chepng’otie v Kenya Kazi Security Services (Employment and Labour Relations Cause 36 of 2017) [2023] KEELRC 2868 (KLR) (10 November 2023) (Judgment)
  9. Cherono v Teachers Service Commission & 2 others (Employment and Labour Relations Petition 26 of 2021) [2022] KEELRC 12853 (KLR) (13 October 2022) (Ruling)
  10. Chongqing International Construction Limited v Kenya Union of Road Contractors & Civil Engineering Workers (Cause E774 of 2021) [2024] KEELRC 891 (KLR) (18 April 2024) (Judgment)
  11. Chongwony v County Government of Bungoma (Cause 14 of 2019) [2022] KEELRC 3833 (KLR) (7 July 2022) (Judgment)
  12. Chrismer Express Limited & another v Killmall International Limited (Cause 385A of 2017) [2023] KEELRC 227 (KLR) (27 January 2023) (Judgment)
  13. City Centre cabs Limited v Nyange (Civil Appeal 627 of 2019) [2023] KECA 1116 (KLR) (22 September 2023) (Judgment)
  14. Cotec Security Group Ltd (Formerly Known as Bedrock Holdings Ltd) v Kenya National Private Security Workers Union (Appeal E023 of 2023) [2024] KEELRC 610 (KLR) (19 March 2024) (Judgment)
  15. County Government of Embu & 2 others v Kamaria (Civil Appeal 104 of 2017) [2022] KECA 877 (KLR) (22 July 2022) (Judgment)
  16. Director General, National Employment Authority v Al Hujura Agency Limited (Civil Application E185 of 2021) [2023] KECA 957 (KLR) (28 July 2023) (Ruling)
  17. Eregwa v Wameer Wholesellers and Distributors Ltd (Employment and Labour Relations Appeal 30 of 2022) [2024] KEELRC 6 (KLR) (23 January 2024) (Judgment)
  18. Forum for Good Governance and Human Rights v Public Service Commission & 4 others; Central Organisation of Trade Unions (COTU-K) & 2 others (Interested Parties) (Employment and Labour Relations Petition E058 of 2023) [2023] KEELRC 2311 (KLR) (29 September 2023) (Ruling)
  19. Forum for Good Governance and Human Rights v Public Service Commission & 4 others; Central Organisation of Trade Unions (COTU-K) & 2 others (Interested Parties) (Employment and Labour Relations Petition E058 of 2023) [2024] KEELRC 723 (KLR) (20 March 2024) (Ruling)
  20. Green Line Sacco Limited v Cabinet Secretary, Ministry of Labour and Social Protection & another (Petition E072 of 2023) [2023] KEELRC 3104 (KLR) (27 November 2023) (Judgment)
  21. Haller Foundation (Baobab Trust) v Mwanzighe & 8 others (Appeal 20 of 2022) [2022] KEELRC 1197 (KLR) (8 July 2022) (Judgment)
  22. Kenya Building Construction Employees Union v Vaghjiyan Enterprises Ltd (Employment and Labour Relations Cause 286 of 2022) [2023] KEELRC 2805 (KLR) (2 November 2023) (Ruling)
  23. Kenya Building Construction Timber and Furniture Industries Employees Union v Imara Enterprises Limited (Cause 2012 of 2016) [2024] KEELRC 484 (KLR) (6 March 2024) (Judgment)
  24. Kenya Chemicals Workers Union v Roto Moulders (Cause E385 of 2020) [2022] KEELRC 1346 (KLR) (14 July 2022) (Judgment)
  25. Kenya Concrete, Structural, Ceramic Tiles, Wood Plys and Interior Design Workers Union v Registrar of Trade Unions, Ministry of Labour and Social Protection; Attorney General (Interested Party) (Miscellaneous Application E090 of 2022) [2022] KEELRC 12745 (KLR) (30 September 2022) (Judgment)
  26. Kenya County Government Workers Union v Nairobi City Water & Sewerage Co Ltd (Cause 876 of 2015) [2022] KEELRC 13031 (KLR) (28 October 2022) (Judgment)
  27. Kenya Engineering Workers Union v Kenya Marine Contractors (EPZ) Ltd (CBA E107 of 2022) [2022] KEELRC 13444 (KLR) (7 December 2022) (Ruling)
  28. Kenya Game Conservancy, Tour & Safari Workers Union v Pollmans Tours and Safaris Ltd; Transport Workers Union Kenya (Objector) (CBA E106 of 2023) [2023] KEELRC 2570 (KLR) (23 October 2023) (Ruling)
  29. Kenya Medical Practitioners Pharmacists and Dentists Union & another v Salaries and Remuneration Commission & 4 others; 47 County Government Public Service Boards & 56 others (Interested Parties) (Employment and Labour Relations Petition E006 of 2023 & Petition 048 of 2023 (Consolidated)) [2023] KEELRC 2964 (KLR) (17 November 2023) (Judgment)
  30. Kenya Medical Practitioners, Pharmacists and Dentists' Union (KMPDU) & 2 others v Registrar of Trade Unions & 2 others; Benjamin (Applicant); Registrar of Trade Unions & 4 others (Interested Parties) (Appeal E087 of 2022 & Petition E194 of 2022 (Consolidated)) [2023] KEELRC 424 (KLR) (10 February 2023) (Judgment)
  31. Kenya National Private Security Workers Union v Maps Security Investment (Cause 51 of 2020) [2023] KEELRC 1413 (KLR) (8 June 2023) (Judgment)
  32. Kenya National Private Security Workers Union v Patriotic Group of Companies (Cause E006 of 2023) [2024] KEELRC 997 (KLR) (12 April 2024) (Judgment)
  33. Kenya Petroleum Oil Workers Union v Green Wells Energies Ltd (Cause E059 of 2023) [2023] KEELRC 3198 (KLR) (6 December 2023) (Judgment)
  34. Kenya Petroleum Oil Worker’s Union v Pristine Energy Limited (Cause E465 of 2022) [2023] KEELRC 878 (KLR) (18 April 2023) (Ruling)
  35. Kenya Plantation & Agricultural Workers Union v Eastern Produce (K) Limited (Miscellaneous Application E004 of 2023) [2023] KEELRC 2444 (KLR) (12 October 2023) (Ruling)
  36. Kenya Plantation & Agricultural Workers Union v Flamingo Horticulture – Kingfisher Farm (Employment and Labour Relations Cause E023 of 2022) [2023] KEELRC 1651 (KLR) (5 July 2023) (Judgment)
  37. Kenya Plantation & Agricultural Workers Union v Mahee Flowers Limited (Cause E013 of 2021) [2024] KEELRC 307 (KLR) (22 February 2024) (Ruling)
  38. Kenya Private Univeristies Workers Union v Kenya Highland University (Cause 103 of 2016) [2023] KEELRC 713 (KLR) (21 March 2023) (Ruling)
  39. Kenya Tertiary & Schools Workers’ Union “KETASWU” & another v Registrar of Trade Unions; Mathew C Nge’tich & 16 others (Intended Interested Party) (Appeal E007 of 2021) [2022] KEELRC 3905 (KLR) (16 September 2022) (Ruling)
  40. Kenya Union Of Commercial, Food And Allied Workers v Uzuri Foods Limited (Golden Harvest Mills); Bakery, Confectionery, Food Manufacturing And Allied Workers Union (K) (Interested Party) (Cause 1974 of 2015) [2022] KEELRC 1466 (KLR) (16 June 2022) (Judgment)
  41. Kenya Union of Commercial, Food and Allied Workers v Jetlak Food Limited (Cause 664 of 2019) [2023] KEELRC 2963 (KLR) (21 November 2023) (Judgment)
  42. Kenya Union of Domestic, Hotels, Educational Institutuions and Hospital Workers (KUDHEIHA) v Shimba Hills Secondary School (Cause 84 of 2019) [2023] KEELRC 2438 (KLR) (12 October 2023) (Judgment)
  43. Kenya Union of Domestic, Hotels, Educational Institutions Hospitals and Allied Workers v Strami Cleaning Company (Employment and Labour Relations Cause 1451 of 2016) [2022] KEELRC 12908 (KLR) (13 October 2022) (Judgment)
  44. Kenya Union of Domestic, Hotels, Educational Institutions and Hospital Workers v BOM –St. Mary’s Mumias Girls High School (Employment and Labour Relations Cause E006 of 2023) [2023] KEELRC 2531 (KLR) (18 October 2023) (Judgment)
  45. Kenya Union of Domestic, Hotels, Educational Institutions and Hospitals Workers v Board of Management Igwamiti Secondary School (Cause E041 of 2022) [2023] KEELRC 1274 (KLR) (26 May 2023) (Judgment)
  46. Kenya Union of Road Contractors & Civil Engineering Workers v China Railway No. 5 Engineering Group Limited (Employment and Labour Relations Cause E233 of 2022) [2024] KEELRC 263 (KLR) (15 February 2024) (Judgment)
  47. Kenya Union of Sugarcane Plantation and Allied Workers v Othira (Appeal E005 of 2023) [2024] KEELRC 843 (KLR) (18 April 2024) (Judgment)
  48. Keroche Breweries v Onsare & another (Suing as a Representative of the Estate of Jared Kemosi Oyaro - Deceased) (Civil Appeal 58 (E004) of 2020) [2024] KEHC 2577 (KLR) (12 March 2024) (Judgment)
  49. Kirimi v Onmobile Kenya Telecom Limited (Employment and Labour Relations Cause 498 of 2019) [2023] KEELRC 906 (KLR) (20 April 2023) (Judgment)
  50. Kiruthu v Skyways Security Services Limited (Employment and Labour Relations Appeal E019 of 2022) [2023] KEELRC 1639 (KLR) (7 July 2023) (Judgment)
  51. Lavington Security Guards Ltd v Omambia (Appeal E019 of 2023) [2024] KEELRC 566 (KLR) (14 March 2024) (Judgment)
  52. Lavington Security Guards Ltd v Orenge (Appeal E018 of 2023) [2024] KEELRC 565 (KLR) (14 March 2024) (Judgment)
  53. Likhutsa v Prime Steel Mills Limited (Cause 2050 of 2017) [2023] KEELRC 1582 (KLR) (22 June 2023) (Judgment)
  54. Livingstone v Hatari Security Guards Limited (Cause 2282 of 2017) [2024] KEELRC 207 (KLR) (9 February 2024) (Judgment)
  55. Luketelo v JRS Systems Ltd (Cause 79 of 2018) [2022] KEELRC 1436 (KLR) (22 June 2022) (Judgment)
  56. Magana Flowers Kenya Limited v Achieng (Civil Appeal 20 of 2018) [2023] KEHC 1727 (KLR) (15 March 2023) (Judgment)
  57. Makhanu v PG Security Limited (Cause 191 of 2018) [2023] KEELRC 516 (KLR) (23 February 2023) (Judgment)
  58. Mars Security Guards Limited v Kerauma (Civil Appeal E039 of 2022) [2023] KEELRC 2726 (KLR) (2 November 2023) (Judgment)
  59. Matayos Vocational Training Center & 3 others v Okunga & 5 others (Employment and Labour Relations Appeal E002 of 2022) [2022] KEELRC 12910 (KLR) (13 October 2022) (Judgment)
  60. Matoke v Riley Services Ltd (Cause 850 of 2017) [2023] KEELRC 421 (KLR) (16 February 2023) (Judgment)
  61. Maya Agricultural Traders Limited v Cabinet Secretary Ministry of Labour Social Security and Services & another (Miscellaneous Application 001 of 2021) [2022] KEELRC 12814 (KLR) (6 October 2022) (Ruling)
  62. Mayamba & 5 others & another v Feed the Children Kenya & another (Cause 152 of 2014 & 1227 of 2015 (Consolidated)) [2023] KEELRC 1103 (KLR) (8 May 2023) (Judgment)
  63. Meya Agricultural Traders Limited v Cabinet Secretary Ministry of Labour Social Security and Services & another (Miscellaneous Application 001 of 2021) [2022] KEELRC 12786 (KLR) (6 October 2022) (Ruling)
  64. Mochere v One Way Cleaning Services Limited (Employment and Labour Relations Cause 564 of 2018) [2023] KEELRC 1924 (KLR) (27 July 2023) (Judgment)
  65. Mugambi & 4 others v Registrar of Trade Unions (Appeal E145 of 2021) [2022] KEELRC 4151 (KLR) (29 September 2022) (Judgment)
  66. Muia v Clerk, Machakos County Assembly & 4 others; County Public Service Boards National Consultative Forum (Interested Party) (Constitutional Petition 3 of 2022) [2023] KEELRC 1394 (KLR) (2 June 2023) (Ruling)
  67. Muiruri & another (Suing as the administrators of the estate of John Mwirigi Karanj) v Muka (Civil Appeal 41 of 2019) [2022] KEHC 12460 (KLR) (16 June 2022) (Judgment)
  68. Mulatya v Kenjap Company Limited (Cause 1417 of 2017) [2023] KEELRC 154 (KLR) (31 January 2023) (Judgment)
  69. Munderu & 6 others v Panyako, the General Secretary, Kenya National Union of Nurses & 2 others (Cause E681 of 2020) [2022] KEELRC 1417 (KLR) (13 May 2022) (Judgment)
  70. Mungai (Suing as the legal Administrator of the Estate of Samuel Mungai Munyao - Deceased) v Kinyanjui & another (Civil Appeal E041 of 2021) [2023] KEHC 3838 (KLR) (4 May 2023) (Judgment)
  71. Musaki v Vickers Security & another (Appeal E056 of 2022) [2023] KEELRC 982 (KLR) (20 April 2023) (Judgment)
  72. Mutai v Kisa & another (Cause E002 of 2020) [2022] KEELRC 1543 (KLR) (25 May 2022) (Judgment)
  73. Mutegi v Teachers Service Commission & another (Cause E140 of 2023) [2023] KEELRC 2720 (KLR) (26 October 2023) (Ruling)
  74. Mutie v Blue Stone Limited (Miscellaneous Application E027 of 2022) [2022] KEELRC 12716 (KLR) (12 May 2022) (Ruling)
  75. Mutinda v Lavington Security Limited (Employment and Labour Relations Appeal E009 of 2023) [2023] KEELRC 3332 (KLR) (20 December 2023) (Judgment)
  76. Mutiso v Oshwal Educationa Relief Board (Employment and Labour Relations Appeal E118 of 2022) [2024] KEELRC 570 (KLR) (14 March 2024) (Judgment)
  77. Mwangi (Suing for and on behalf of as the Chairman, Athara Farmers Shareholders Complaint Committee) v Attorney General & 7 others (Environment & Land Case 432 of 2014) [2022] KEELC 13730 (KLR) (19 October 2022) (Judgment)
  78. Mwende v Interstat Limited t/a Big Square (Employment and Labour Relations Cause 616 of 2018) [2024] KEELRC 286 (KLR) (16 February 2024) (Ruling)
  79. Mwende v Interstrat Limited t/a Big Square (Employment and Labour Relations Cause 616 of 2018) [2023] KEELRC 1153 (KLR) (23 February 2023) (Judgment)
  80. Ndili v Fidelity Security Limited (Appeal 58 of 2019) [2024] KEELRC 174 (KLR) (9 February 2024) (Judgment)
  81. Njeru v Cobra Security Company Limited (Cause 138 of 2018) [2022] KEELRC 12776 (KLR) (4 October 2022) (Judgment)
  82. Njiiri v Mars Wrigley Confectionery (K) Limited (Cause E006 of 2022) [2023] KEELRC 2951 (KLR) (17 November 2023) (Judgment)
  83. Njue & 2 others v County Service Board Kirinyaga & another (Employment and Labour Relations Petition E003, E004 & E005 of 2020 (Consolidated)) [2023] KEELRC 1638 (KLR) (7 July 2023) (Judgment)
  84. Nyikuli v Floral Heritage Limited & another (Employment and Labour Relations Cause 1388 of 2016) [2023] KEELRC 2714 (KLR) (19 October 2023) (Judgment)
  85. Oakdale Commodities Limited v Sazit Company Limited & 2 others (Environment & Land Case E015 of 2023) [2024] KEELC 1003 (KLR) (20 February 2024) (Ruling)
  86. Odhiambo v Kapi Limited (Cause 212 of 2016) [2022] KEELRC 4008 (KLR) (27 September 2022) (Judgment)
  87. Odhiambo v Nyota Clothing Limited (Employment and Labour Relations Cause 1441 of 2017) [2023] KEELRC 2253 (KLR) (18 September 2023) (Judgment)
  88. Odoyo & 5 others v General Conference of Seventh Day Adventist Church East-Central Africa Division (ECD) (Cause E063 of 2020) [2023] KEELRC 2785 (KLR) (31 October 2023) (Judgment)
  89. Okoyo (suing as Legal Administrator of the Estate of Gregory Ouma Okoyo – Deceased) v Nyamongo (Civil Appeal E057 of 2021) [2023] KEHC 25736 (KLR) (20 November 2023) (Judgment)
  90. Okwiri (Suing as administrator in the Estate of Tabitha Gladys Makokha) v Matunda Bus Services Ltd (Civil Appeal 102 of 2015) [2023] KEHC 19748 (KLR) (7 July 2023) (Judgment)
  91. Ologi v Prime Steel Mills Limited (Cause E905 of 2018) [2024] KEELRC 384 (KLR) (29 February 2024) (Judgment)
  92. Omukatia v Kenvic School (Petition 3 of 2021) [2023] KEELRC 753 (KLR) (23 March 2023) (Judgment)
  93. Omwaya v Hygenic Butchery Trading Limited (Civil Appeal 21 of 2019) [2023] KECA 1165 (KLR) (6 October 2023) (Judgment)
  94. Onderi v Mini Bakeries (Nairobi) Limited (Cause E716 of 2021) [2023] KEELRC 3248 (KLR) (6 December 2023) (Judgment)
  95. Oriawo v KK Security Services Limited (Cause E624 of 2021) [2023] KEELRC 1322 (KLR) (18 May 2023) (Ruling)
  96. Owino Bunyasi v Carewatch Security (Cause 2049 of 2017) [2022] KEELRC 3921 (KLR) (19 September 2022) (Judgment)
  97. Oyuga v Harvest Limited (Appeal 2 of 2023) [2023] KEELRC 1922 (KLR) (28 July 2023) (Judgment)
  98. Public Transport Operators Union (PUTON) v Neno Self Help Group (Cause E919 of 2021) [2024] KEELRC 803 (KLR) (8 April 2024) (Judgment)
  99. Republic v Chief Magistrates Bungoma; Wandabwa (Interested Party); Nee Chesikaki Farmers Co-op Society Limited (Exparte Applicant) (Judicial Review 4 of 2023) [2023] KEELRC 3244 (KLR) (11 December 2023) (Ruling)
  100. Sambali v Butali Sugar Mills Limited & another (Employment and Labour Relations Appeal 16 of 2023) [2023] KEELRC 1694 (KLR) (13 July 2023) (Judgment)
  101. Simon v Vanga Shoes Company Limited (Cause E005 of 2022) [2023] KEMC 108 (KLR) (28 September 2023) (Judgment)
  102. Teacher Service Commission v Mwangi (Civil Appeal 27 of 2020) [2023] KEELRC 140 (KLR) (26 January 2023) (Judgment)
  103. Tiparo v Stephen Macharia t/a Vinky Security Ltd (Employment and Labour Relations Cause 161 of 2018) [2024] KEELRC 428 (KLR) (29 February 2024) (Judgment)
  104. Togom v Radar Limited (Employment and Labour Relations Appeal E003 of 2023) [2024] KEELRC 112 (KLR) (1 February 2024) (Judgment)
  105. Twaha v Standard Chartered Bank Kenya Limited (Cause 34 of 2019) [2022] KEELRC 1603 (KLR) (22 July 2022) (Judgment)
  106. Two Four Seven Guards Limited v Kanyigua (Employment and Labour Relations Appeal E008 of 2022) [2022] KEELRC 13549 (KLR) (15 December 2022) (Judgment)
  107. Union v Lake Treasure Limited (Cause E080 of 2021) [2022] KEELRC 4119 (KLR) (28 September 2022) (Judgment)
  108. University Academic Staff Union (UASU) v Jomo Kenyatta University of Agriculture and Technology; Ministry of Labour and Social Protection & another (Interested Parties) (Miscellaneous Case E084 of 2023) [2023] KEELRC 2791 (KLR) (7 November 2023) (Ruling)
  109. University of Nairobi v Kenya Union Of Domestic, Hotels, Educational Institutions & Hospital Workers [KUDHEIHA] & another; Iminti & 72 others (Interested Parties) (Cause E722 of 2022) [2023] KEELRC 218 (KLR) (31 January 2023) (Ruling)
  110. Wambua & another (Suing as the administrators ad litem of the Estate of Henry Nzuki-Deceased) v Nazish Motors Limited & another (Civil Case 447 of 2010) [2024] KEHC 4641 (KLR) (Civ) (11 April 2024) (Judgment)
  111. Wanda v Marura Nursing Home Ltd (Cause 1466 of 2017) [2023] KEELRC 1233 (KLR) (27 April 2023) (Judgment)
  112. Wanja & another v Munuve & 2 others (Suing as the Personal Representative of the Estate of the Late Cornelius Ngove munuve) (Civil Appeal E157 of 2021) [2023] KEELC 18435 (KLR) (21 June 2023) (Judgment)
  113. Wanjohi v SGA Security Solutions Limited (Employment and Labour Relations Appeal E001 of 2022) [2022] KEELRC 3852 (KLR) (29 July 2022) (Judgment)
  114. Yaa v SGA Security Solutions Limited (Employment and Labour Relations Appeal E002 of 2022) [2022] KEELRC 1553 (KLR) (29 July 2022) (Judgment)
Legislation 4
  1. National Police Service Act
  2. The Salaries and Remuneration Commission (Remuneration and Benefits of State and Public Officers) Regulations
  3. The Statutory Instruments (Exemption from Expiry) Regulations
  4. The Statutory Instruments (Exemption from Expiry) Regulations