LABOUR LAW IN KENYA
AS WE COMMEMORATE THE 60th LABOUR DAY CELEBRATION.
Labour Law in Kenya is derived from various sources, including the Constitution,
Acts of Parliament and International Conventions. They are crucial for maintaining
a fair and productive workplace, safeguarding employees’ rights, and promoting
social justice. They ensure fair treatment, prevent exploitation, and provide a
legal framework for resolving employment disputes. These laws also establish
minimum standards for employment. The seven major sources are:
- The Constitution
The Constitution, being the supreme law in Kenya, provides under Article 41
that every person has the right to fair labour practices. Under the
Constitution, every worker has the right: to fair remuneration, to reasonable
working conditions, to form, join, or participate in the activities and
programs of a trade union and to go on strike. - The Employment Act, 2007
This Act provides for the relationship between an employer and a worker. It
defines the benefits, duties and obligations of the employer and the worker. - The Labour Relations Act, 2007
The core function and concern of this Act is primarily on the freedom of
association of employees and employers, and the right to collective
bargaining. It provides legal guidelines for the establishment of trade unions
and employers’ organisations and their functions.
This act has since been amended by The Labour Relations (Amendment)
Bill 2024, which, apart from ensuring fair labour practices, regulation of
trade unions and employers organisations, it also aims to provide for the
term of office of officials, registration of trade unions, amongst others. - The Occupational Safety and Health Act, 2007
Provides a legal framework for employers to maintain safe and healthy
working conditions and environment for their workers. It aims at ensuring
worker’s safety at work, safe and healthy environment for both workers as
well as third parties. - The Work Injury Benefits Act, 2007
Aside from ensuring employee’s safety at work, this Act provides for legal
framework pertaining to employment compensation in case of workrelated
injuries or deaths. This safeguards the financial well-being of the
victims and their families. - The Labour Institutions Act, 2007
This Act establishes the National Labour Board, the Committee of Inquiry, Labour
Administration and Inspection, the Wages Council and Employment Agencies,
which work to enhance institutions and bodies that establish the regulations that
govern Kenyan labour relations. The Act also regulates private employment
agencies, ensuring fair recruitment practices and setting standards for their
operations. - The Industrial Court Act No. 20 of 2011
This Act establishes a specialized court, the Employment and Labour Relations
Court, with the same status as the High Court, to address disputes related to
employment and labor relations. This court aims to facilitate just, efficient, and
proportionate resolution of these disputes, ensuring equitable access to justice
for all.
In Kenya, we continue to celebrate the place of Kenyan workers, the importance of
their contributions to the nation and the economy at large. The celebrations are held
on the 1st day of May.
The celebrations are organized by the Central Organization of Trade Unions (COTU-K).
It serves as the umbrella body for trade unions in Kenya, representing over 4 million
workers. Its primary function is to protect and improve workers’ rights and welfare,
including advocating for better laws and policies.
Although Kenyan workers are yet to realize the fruits and significance of the labour laws
enacted, Kenya continues to celebrate Labour Day and on 1st May 2025, Kenya
commemorated 60 years of championing workers’ rights.
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